An investigation by the Santa Catarina Civil Police into the case of an 11-year-old girl who was not allowed to have an abortion found that the suspect in her rape was a minor relative, a teenager.
MP Alison Rocha, who presided over the case, said the police investigation was completed and sent to the judiciary and the Santa Catarina Department of Justice 10 days ago.
According to the delegate, the investigation went smoothly and the work was completed quickly.
“We were able to move quickly on the case and gathered all the necessary elements. The involvement of a minor has been identified,” the delegate said.
Since the process is being held in secret from justice, the delegate chose not to disclose whether the boy was responsible for the offense of rape of a vulnerable person. It is also not said whether he is a member of the socio-educational system.
Such cases are regulated by the ECA (Children and Adolescents Act). A juvenile delinquent may suffer from a warning to a more serious measure such as admission to the social-educational system.
This Tuesday (21) the girl left the shelter, where she had been staying for more than a month, following the decision of the judge of Santa Catarina.
Also on Tuesday, the lawyer filed a habeas corpus requesting permission for the girl to have an abortion. The baby is at 29 weeks pregnant. The pregnancy was discovered in May when she was 22 weeks pregnant.
remember the case
The girl’s case came to light following the publication of a report by Portal Catarinas, in partnership with Intercept Brasil, this Monday (20).
The child, then ten years old, discovered the pregnancy at the 22nd week of pregnancy. Her mother took her to Prof. Polidoro Hernani de San Tiago, HU University Hospital affiliated with UFSC (Federal University of Santa Catarina) for a legal abortion.
However, the medical team refused to perform the abortion, as the procedure is only performed in the department without the consent of the court before the 20th week of pregnancy.
Prosecutor Mirela Dutra Alberton, who was appointed to the 2nd prosecutor’s office of the municipality of Tijukas, filed a precautionary action requesting that the girl be placed in an institution where she must “remain until it is confirmed that she is no longer in danger.” [de violência sexual] and can return to the natural family.”
Judge Joana Ribeiro Zimmer applied a protective measure and compared the protection of the girl’s health to that of the fetus. At the May 9 hearing, both the prosecutor and the judge tried to persuade the girl to keep the pregnancy, according to a video obtained exclusively from the Catarinas portal. “Could you stay a little longer?” the magistrate asks.
The child was sent to an orphanage, where she stayed for more than a month until a Santa Catarina judge determined that she could leave the place and return to her mother.
Source: Ndmais