Clashes of ideas in Brazil between feminist movements and conservatives about legalizing abortion

Brasil de Fato

In Brazil, the reality of the abortion ban affects the lives of many women, especially the most vulnerable. Data from the 2021 National Abortion Survey (PNA, in Portuguese) indicates that Black women are 46% more likely to resort to abortion than white women. By the age of 40, one in five Black women has terminated a pregnancy, while the proportion among white women is one in seven.

Jamile Godoy, a member of the Catholics for the Right to Decide group, explains that abortion is both a health and social issue. Approximately four out of five women who needed an abortion under the law and lived in municipalities that didn’t offer it any longer have access to the service, according to the National Household Sample Surveys (PNAD, in Portuguese) of 1998, 2003 and 2008 and the National Health Surveys (PNS, in Portuguese) of 2013 and 2019.

“We’re talking about health, the right to housing, access to income, work, information, and the right to contraception methods, which have also been targeted by reactionary anti-rights advocates. There’s the denial of birth control pills, IUDs, tubal ligations to women who request them […] When we talk about the right to abortion, we’re also talking about the right to free, consensual and desired motherhood, and not one that’s imposed by an act of violence or the absurdity that we’re experiencing in Brazil,” says Jolúzia Batista, from the Feminist Center for Studies and Advice (Cfemea, in Portuguese).

Fighting for the decriminalization and legalization of abortion in Latin America and the Caribbean

September 28 became a milestone in the fight for the decriminalization and legalization of abortion in Latin America and the Caribbean, dating back to the 90s, when the 5th Latin American and Caribbean Feminist Meeting took place in Argentina. Since then, it has become a symbol of resistance to restrictive legislation that affects women’s reproductive rights.

In Brazil, the debate is currently a hot topic, driven by feminist and human rights movements, which are confronting conservatism and religious fundamentalism in their quest for safe access to abortion for all women. In the country, abortion is allowed in three cases: rape, risk to the woman’s life and anencephaly of the fetus. The procedure must also be offered free of charge by the National Public Health System (SUS, in Portuguese).

Thaísa Magalhães, from the CUT-DF Women’s Secretariat and a member of the National Front for the Decriminalization of Women and the Legalization of Abortion, points out that September 28 is dedicated to breaking the wall of silence preventing debate on abortion.

“The whole of Latin America has experienced extremely conservative colonization, with a strong fundamentalist influence perpetuated over the centuries. Countries colonized even more cruelly than Brazil, such as Mexico and Bolivia – both invaded by Spain – have made much more progress in the debate on the secular state and in creating legislation that guarantees access to health care for the entire population, especially women. But in Brazil, we are facing intense attacks,” she says.

Various movements are fighting for every woman to have the right to terminate her pregnancy safely. Jamile Godoy, from the Catholics for the Right to Decide group, stresses that the decriminalization and legalization of abortion procedures must be understood as measures unrelated to punishment and sin, creating regulations that offer safety and guarantees for women. According to her, religious fundamentalism is one of the biggest obstacles to advancing these discussions in Brazil.

Political scenario

September 22 marked the first anniversary of former Supreme Court Justice Rosa Weber’s vote in favor of decriminalizing abortion up to the 12th week of pregnancy. So far, the case has not advanced in the Court, currently headed by Luís Roberto Barroso, the justice who interrupted the trial in September last year.

In the National Congress, the agenda seems to be going backwards, especially after Bill 1904, known as the Rape Bill, which equates abortion after 22 weeks with the crime of murder. Authored by Congressman Sóstenes Cavalcante (Liberal Party), the bill caused reactions from various parliamentarians, movements and collectives fighting for women’s rights. A wave of demonstrations against the bill swept Brazil.

“Very recently, Bill 1904 – which criminalizes the reality of girls, women and people who become pregnant as a result of rape – proposed to prevent them from accessing this right, which has been guaranteed for more than 80 years, since 1940. So, when we look at the dynamics of how things have been done in Brazil, we can see the many challenges we still have to face,” said Jamile.

For Jolúzia Batista, the anti-rights agenda was established during the far-right Bolsonaro government. She recalls that a survey carried out at the end of August this year by Cfemea found 100 new bills on abortion.

“These 100 bills fall into five categories that we must pay attention to. They are bills that go along the lines of total restriction, increasing the penalty, disinformation and censorship on the abortion agenda and impeding access,” she explains.

For the expert, the challenge now is to inform society how to fight back, since these are bills that, although unconstitutional, have taken root as a possibility of struggle in Brazilian states, in the Legislative Assemblies and the Municipal Chambers. “They are discussed in these places even though they [politicians] know they won’t be approved, but to create confusion and promote a local debate,” says Jolúzia.