The latest updates on abortion in Brazil

By Vianey Estrada

Brazil is one of the Latin American countries with the most restrictive abortion access. Although many countries in the region are pushing to make safe abortions available, Brazilian women are encountering continued efforts attempting to restrict abortions. This article will review the accessibility of abortions in Brazil and the latest updates on abortion access.

Is abortion legal in Brazil?

Currently, abortions are not legal in Brazil. The Brazilian Penal Code, still dating from 1940, defines abortion as a crime, and it can be punished with imprisonment, although there are three exceptions:

• when the pregnancy is due to sexual violence;
• when the pregnancy is life-threatening; and
• when the pregnancy is an anencephalic fetus.

Abortion provided by law can be performed by intrauterine aspiration or with pills. Mifepristone, one of the pills used for a medical abortion, is not available in the country. Misoprostol is heavily restricted and only available through the legal abortion services.

In many regions in the country, it’s difficult to access safe abortion services and in some regions, there are no health-care clinics that can offer abortion services, making it even more difficult to access safe abortions in a timely manner.

Why abortion should be legal

According to the World Health Organization (WHO), lack of access to safe, affordable, timely and respectful abortion care, and the stigma associated with abortion, pose risks to women’s physical and mental well-being throughout their lives.

The criminalization of abortion has a compounding impact on those who are already marginalized. Health services, in general, are less accessible to people on low incomes, refugees and migrants, LGBTQI+ people, those with disabilities, and racialized and indigenous people.

Abortions are an essential part of health care, and it’s imperative that women and pregnant people are able to access verified information, safe resources, and abortion support in order to avoid having unsafe abortions.

Abortion statistics in Brazil

One in seven women up to the age of 40 has had at least one abortion in Brazil. Of those women, 52% were 19 years old or younger when they had their first abortion; 6% of them had an abortion between the ages of 12 and 14, and 46% of them had an abortion between the ages of 16 to 19. The proportion of abortions is higher among black, brown, and indigenous women.

From 2015 to 2022, the average number of abortion procedures performed per year in public hospitals in Brazil was 1,800. Abortion seekers are actively searching for comprehensive abortion care in the country; however, they face many barriers such as legal restrictions, cultural norms, and societal pressures, and very few clinics provide these abortion services.

Green Wave Movement

Many activists and abortion advocates in Brazil have joined the Green Wave movement that is taking place across Latin America. The Green Wave movement is the name chosen by feminist and human rights activists that have been working towards a future where abortion is available to all.

The motto of this movement is “Sexual education to decide, contraceptives to not have abortions, legal abortion to avoid dying,” symbolizing the desire to have comprehensive sexual and reproductive health services.

The Green Wave was born in Argentina but has extended throughout many countries across the region, such as Mexico, Colombia, Peru, and Uruguay, amongst others. Thanks to this movement and the work of feminist activists, there has been an advancement and changes in legislation to ensure that everyone can have access to safe abortion services. The Green Wave is still going strong to keep fighting for the right to safe and legal abortions, especially in regions with high abortion restrictions, like Brazil.

Abortion protests across Brazil

Thousands of people in Brazil have protested against a new proposed bill that would equate abortions to homicide. If the bill is passed, those who terminate their pregnancies past 22 weeks could be jailed for up to 20 years, even in cases where the pregnancy is a result of rape.

Protesters have gathered in different cities, including Rio de Janeiro, São Paulo and Brasília, against the proposed bill in an effort to push back against conservative lawmakers that seek to restrict this fundamental health-care service. Brazilian advocates are currently seeking comprehensive abortion care for all, especially considering that these types of abortion restrictions target indigenous, black, disabled, and lower-income women, who have less resources to travel to another state for abortion services.

Although the future of abortion access in Brazil is still unknown, abortion advocates will continue to aim for a world where abortions are accessible. Women and pregnant people can also obtain support from safe abortion providers to accompany them on their abortion journeys, such as the safe2choose counselors. They can also reach out to them via email at info@safe2choose.org or watch our medical abortion protocol videos for more information.