05/26/2024 – 14:07
The minister of the Federal Supreme Court (STF) Alexandre de Moraes ordered last Friday, 24, the suspension of judicial and administrative proceedings against doctors accused of violating a resolution of the Federal Council of Medicine (CFM) that was suspended by the magistrate himself in the last day 17. The rule prevented the adoption of an abortion preparatory technique used in pregnancies longer than 22 weeks, even in cases resulting from rape.
The measure came after the minister became aware of the suspension of the professional practice of two doctors at Vila Nova Cachoeirinha Hospital by the Regional Council of Medicine of the State of São Paulo (CREMESP). The reason was the performance of legal abortions using the method later prohibited by the CFM, in the rule suspended by Moraes. The cases led to the suspension of the legal abortion program at the institution.
With the new decision, the minister not only suspends ongoing actions, but also prohibits the establishment of new administrative and disciplinary procedures that are based on the CFM resolution, which prohibited the performance of fetal asystole. The technique consists of injecting a substance that causes the death of the fetus before it is removed from the uterus of a woman in advanced pregnancy.
Reactions to the new decision
Federal deputy Sâmia Bomfim (PSOL-SP) celebrated the injunction on her account on X (formerly Twitter) on Friday, 24. “VICTORY! After our meeting yesterday with Minister Alexandre de Moraes, the STF decided to prohibit the persecution of doctors who work in the legal abortion service”.
In the conservative camp, the measure was criticized. On Saturday, the 25th, senator Eduardo Girão (Novo-CE) expressed concern about individual decisions made by magistrates. “In monocratic decisions, that is, made by a single judge, the chance of making a mistake is much greater in relation to decisions made by a group of judges or judges”, he wrote in X.
The injunction, an urgent and temporary decision, which suspended the CFM resolution will still be submitted for evaluation by the other STF ministers in a virtual session, which could take place from May 31st. In a note, the council said it will appeal the decision of May 17th: “the CFM will present solid arguments to show the relevance of the norm which, once again, it is worth highlighting, does not punish, but defends the rights of women, the fetus and the life.”
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