ADPF 442: Partial Non-Reception of Articles 124 and 126 of the Criminal Code (Abortion)
Abstract
In a brief presented on September 19, IBCCRIM, as amicus curiae, argued in favor of the action. For the Institute, "the criminalization of abortion, enshrined in the Penal Code, in articles 124 and 126, is at odds with various international commitments made by Brazil"; and "also violates fundamental rights of women provided for in the Constitution of the Republic, such as dignity, freedom, equality, health, prohibition of submission to torture or inhuman or degrading treatment and prohibition of prejudice of origin, race, sex, color and age". In addition, there is "very mature legal and medical-scientific reflection to the effect that the voluntary termination of pregnancy up to the 12th week is an appropriate criterion for resolving the collision of interests between the rights of women and those of intrauterine life".
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