An 11-year-old girl who was not allowed to have an abortion after being raped left the orphanage where she had been for more than a month late on Tuesday (21) following a ruling by a Santa Catarina judge. .

The baby went to Florianopolis University Hospital at 22 weeks pregnant but was denied an abortion. MPF Investigates Behavior – Photo: UFSC/Disclosure

According to the lawyer representing Daniela Felix’s family, the child is already with his mother. 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 lawyer says that the Tijukas criminal court, at the request of the municipal prosecutor, ordered an artificial termination of pregnancy, that is, the birth was carried out in an attempt to save the life of the fetus.

“We understand in the circumstances, from a medical point of view, that a child’s gestational age does not guarantee the protection of the fetus. With this habeas corpus, we want legal abortion to be guaranteed at any time during pregnancy, protecting the life of the girl,” he explains.

She points out that the longer the pregnancy, the greater the risk to the baby’s life. The Brazilian penal code allows abortion in cases of sexual assault without any restrictions on the weeks of pregnancy and without court permission.

MPF inspects the hospital

The MPF (Federal Public Ministry) is investigating a medical facility in Florianopolis that refused to perform an abortion on a girl after she was raped.

The baby was admitted to the Polydoro Ernani de São Thiago University Hospital affiliated with the UFSC (Federal University of Santa Catarina) at 22 weeks pregnant, two days after the pregnancy was discovered.

The medical team, however, refused to perform the abortion, saying that the procedure was carried out without judicial authorization only until the twentieth week.

According to the MPF, a civil investigation was opened on Monday (20) when the case became known. The agency is investigating “flows and procedures at HU”.

The report contacted the hospital but received no response prior to publication.

Federal Council and OAB-SC accused of investigating conduct

The OAB Nacional and the OAB (Ordem dos Advogados do Brasil) of Santa Catarina on Tuesday sent official letters to the CNJ (National Council of Justice) and the CNMP (National Council of the Prosecution) for the authorities to investigate, respectively. , the behavior of the justice of the peace and the prosecutor who acted in the case of a pregnant child.

The letters are addressed to the Presidents of the CNJ, Minister Luis Fuchs and the CNMP, to the Attorney General of the Republic, Augusto Aras.

In addition to investigating the conduct and investigating disciplinary misdemeanours of the magistrate and the prosecutor, the entities are demanding the approval of new rules that guarantee the protection of the rights of the parties, increased efficiency and transparency, respect for the judiciary and control over the actions of the judiciary.

OAB Nacional and OAB-SC request in a document submitted to the CNJ that Recommendation 94/21 be converted into a resolution requiring courts to videotape all public proceedings such as court hearings and court hearings.

The organizations are also suggesting that the CNMP adopt the same resolution to also ensure that evidence is recorded. Passing a resolution rather than a recommendation would make compliance with the rule mandatory.

Official letters are signed by OAB National President Beto Simonetti; OAB National Vice President Raphael Horn; the President of the National Commission for Human Rights, Silvia de Souza; Rebeca Sodre de Melo da Fonseca Figueiredo, President of the National Commission for the Protection of the Rights of Children and Adolescents; and OAB-SC President Claudia Prudencio.

Consequences of the case

The girl’s case, which took place in Tijucas, received a national outcry and caused a stir following a report published this Monday by the Catarinas portal in partnership with Intercept Brasil.

The TJSC (Court of Santa Catarina) said that the Department of Internal Affairs of this body is investigating the case. Judge Joana Ribeiro Zimmer, who authorized the girl’s hospitalization, closed the case. She was promoted to Comarca de Brusque in the Itajai Valley.

The Department of the Interior of the MPSC (Ministry of State of Santa Catarina) has also initiated an inquiry into the behavior of the public prosecutor, Mirela Dutra Albertón, appointed to the 2nd public prosecutor’s office of the municipality of Tijucas;

In addition, about 200 protesters gathered on Tuesday afternoon in support of child protection. The protest took place in front of the Ticen (Terminal de Integração do Centro) in Florianopolis.

remember

A judge has banned an 11-year-old girl who became pregnant as a result of rape from having a legal abortion in Santa Catarina.

The girl, who was then ten years old, discovered the pregnancy at the 22nd week of pregnancy and was taken by her mother to GU. However, the medical team refused to perform an abortion, as the procedure is carried out without court permission only until 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.