Habeas Corpus 124.306

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The Superior Court of Justice of Brazil revoked the pretrial detention order issued against staff and patients of a clinic that was alleged to have been performing clandestine abortions. The Court found that criminal laws against abortion were unconstitutional, and the criminalization of voluntary termination of pregnancy during the first three months was incompatible with the protection of multiple fundamental rights of women. The decision set an important precedent for the sexual and reproductive rights of women in Brazil. The court also discussed that the criminalization of abortion disproportionately affected women living in poverty who do not have access to private or public abortion clinics. Judge Barroso stated that while the potential life of the foetus is important, the criminalisation of abortion before the end of the first three months of pregnancy violated several fundamental rights of women granted by the Brazilian Constitution of 1988 (personal autonomy, physical and mental integrity, sexual and reproductive rights and gender equality). This decision does not decriminalize abortion but suggests that abortion may be legalised in the future. This is perhaps a softening of the law regarding abortion in Brazil.



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