The Brazilian judiciary announced this Tuesday that it will investigate the conduct of a judge who allegedly induced an 11-year-old girl, who became pregnant after being raped, not to have an abortion, despite the law allowing it.
The Court of Justice of the State of Santa Catarina (south) stated in a statement that it had started a process in the administrative sphere for “the due examination of the facts” of this case, which is taking place under the secrecy of a summary process “because it involves a minor “.
According to the online portal The Intercept Brasil, the family only realized that the minor was pregnant when they noticed that her belly began to grow and that she suffered from repeated nausea.
A quick pharmacy test and a test at a private doctor confirmed in May that the girl was in an advanced stage of pregnancy, according to the media.
It was then that they tried to interrupt her pregnancy at the Polydoro Ernani de São Thiago University Hospital, in Florianópolis, capital of Santa Catarina.
In Brazil, abortion is only allowed in cases of risk to the mother, rape – as in this case – or fetuses with anencephaly.
However, the medical team refused to perform the abortion due to internal hospital protocols, which only allow such a procedure up to 20 weeks of gestation, at which time the girl was already 22 weeks and 2 days pregnant. Therefore, they required court authorization, according to The Intercept Brazil.
The case ended up in the hands of Judge Joana Ribeiro, who – at the request of prosecutor Mirela Dutra – ordered the child to be placed in a public foster home, initially to protect the victim from her aggressor and later to prevent the mother from “performing any procedure to cause the death of the baby”.
In a subsequent hearing to which The Intercept Brasil had access, the judge argued that authorizing an abortion at this stage of management would be “homicide”, although the victim has the right to an abortion, as provided for in the legislation for such cases.
The magistrate, with the support of the regional prosecutor, proposed – on May 9 – keeping the pregnancy “one or two weeks” longer to increase the chances of survival of the fetus.
Ribeiro also asked the minor what was “the expectation” she had “in relation to the baby”, if she wanted to “see him born”, what name would he give him and if the “father of the baby” – referring to the alleged rapist – ” would agree to give him up for adoption.”