A Santa Catarina judge has ruled that an 11-year-old girl who was prevented from having an abortion after she was raped must leave the orphanage she has been in for over a month.

Case pending in Tijukas County – Photo: TJSC/Disclosure/ND

The decision, delivered late this Tuesday morning (21), was upheld by the TJSC (Santa Catarina Court) and the child’s family’s lawyer, Daniela Felix. The process continues under judicial secrecy.

The lawyer says he is waiting for the eviction notice at the Tijukas County Children’s Court. The intention, she says, is to invoke legal abortion.

In addition, Judge Joana Ribeiro Zimmer, who authorized the girl’s hospitalization, dismissed the case. Special body TJ reported that last Wednesday (15) it authorized the promotion of a magistrate to the district of Brusque in the valley of Itajai.

According to the TAJ, the judge had already signed up for the change of district before the girl’s story became known, and emphasized that the transfer of the justice of the peace was not related to the consequences of the case.

With this change, another judge will take over the case and continue the process of returning the girl to her family.

Ministry of Internal Affairs is investigating the actions of the promoter

The Department of the Interior of the MPSC (Ministry of State of Santa Catarina) has established a procedure for investigating the conduct of Public Prosecutor Mirela Dutra Albertón, appointed to the 2nd Public Prosecutor’s Office of the Municipality of Tijucas.

The agency also said it is already in contact with the inspector general of the CNMP (National Council of the Prosecutor’s Office) to oversee the Santa Catarina MP’s investigation.

Parallel to this, federal deputy Alexandre Padilla (PT-SP) announced on Tuesday that he would submit a submission to the CNMP against prosecutor Alberton and to the National Council of Justice against judge Joana Ribeiro Zimmer.

“I am outraged because I worked to create a law that provides for humanized care in these cases. I will submit a submission to the CNMP in connection with the behavior of the judge and will send a request for information to the Ministry of Health on the observance of the law by the SUS,” the deputy wrote.

In a memo released this Monday afternoon (20), TJSC said that the body’s Department of the Interior was investigating the case and explained that:

• The mentioned process is fixed by a judicial secret, since a minor is involved in it, which prevents its public discussion;
• In the case of a jurisdictional question, this Court cannot express any opinion, except by its own judicial organs, in the appeal itself;
• Corregedoria-Geral da Justiça, an organ of this court, has already filed a request for administrative measures to properly investigate the facts.

“All forms of violence are unacceptable,” says Moises.

Santa Catarina Gov. Carlos Moises (Republican) spoke about the girl’s case. In a message posted online, Moises said that “all forms of violence are unacceptable and must be fought with all our strength.”

“The incident that took place in Tijukas requires all of us to respect this child exposed in such a public and harsh manner; resentment for not allowing it to happen here and nowhere else; and, above all, the action of justice – as soon as possible, ”wrote the head of the executive branch.

remember the occasion

The girl’s case came to light following the publication of a report by Portal Catarinas, in partnership with Intercept Brasil, this Monday. O BUT+ This information was confirmed by the protection of the family and the agencies involved.

The girl, who was then ten years old, became pregnant 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.

The medical team, however, refused to have an abortion because the procedure is carried out without the consent of the court only until the 20th week of pregnancy.

According to the family’s lawyer, the court sanction was given by the capital’s jury. However, since the family lives in Tijukas, the Municipal Children’s Court was notified of the procedure. After that, there was a turning point in the case.

Prosecutor Mirela Dutra Alberton filed a precautionary measure requesting the hospitalization of the girl. Judge Joana Ribeiro Zimmer issued a protective measure in which she compares the protection of a girl’s health to that of a fetus.

At a May 9 hearing, the prosecutor and judge are trying to persuade the girl to keep the pregnancy, according to a video obtained exclusively from Portal Catarinas. “Could you stay a little longer?” the magistrate asks.

The Brazilian penal code allows abortion in cases of sexual assault without any restrictions on the weeks of pregnancy and without court permission.