Minister requests that the court officer summon the hospital management to prove the suspension of the rule that prevents fetal asystole
Minister Alexandre de Moraes, of the STF (Supreme Federal Court), again summoned 4 hospitals in São Paulo this Tuesday (2.Jul.2024) to prove that they suspended the resolution 2,378 of 2024 of CFM (Federal Council of Medicine). SAccording to the decision, they must clarify any possible denial of care to patients in cases of legal abortion.
The instrument prohibits doctors from performing fetal asystole to terminate pregnancies over 22 weeks resulting from rape. On May 17, the rule was suspended by decision of Moraes.
Here are the hospitals summoned by Moraes:
- Vila Nova Cachoeirinha Municipal Maternity Hospital;
- Dr. Carmino Caricchio Municipal Hospital;
- Dr. Fernando Mauro Pires da Rocha Municipal Hospital; and
- Tide Setubal Municipal Hospital.
The STF minister had already demanded explanations on June 19 and June 26, but new documents published on the afternoon of this Tuesday (July 2) ask that the court officer summon the hospitals’ management to prove the suspension of the rule that prohibits the practice of fetal asystole.
The São Paulo Municipal Health Department responded to the summons on Tuesday (July 2) and said it had forwarded the information presented by the Executive Secretariat for Hospital Care. It made itself available for any questions or additional measures.
UNDERSTAND
The summons is part of the process filed by the PSOL (Socialism and Freedom Party), which indicates that the CFM rule contradicts the situations provided for in the law for the performance of a legal abortion. The procedure is permitted in Brazil in cases of pregnancy resulting from rape, risk to the woman’s life or anencephaly of the fetus.
In a preliminary (provisional) decision of May 17, Minister Alexandre de Moraes, rapporteur of the case, determined that the council’s resolution be suspended. The analysis of the case was forwarded to the virtual plenary (without discussion by the collegiate) until May 31. Minister Nunes Marques, however, he requested that the discussion be held in a physical plenary session.
Until Nunes Marques’ request for prominence, only Minister André Mendonça had voteddiverging from the rapporteur. He argued that there was no “abuse in the exercise of regulatory power” of the medical council and understood that the Court should not adopt a different stance from the regulatory body without due procedural instruction.
The rapporteur’s vote states that he has verified “evidence of abuse of regulatory power” by the council. It also states that the procedure is recognized and recommended by WHO (World Health Organization).
Moraes too suspended on May 24, other Court proceedings that are based on the CFM rule to prohibit fetal asystole, complementing its 1st decision.
On the same day, the “anti-abortion” PL (1,904 of 2024) was introduced in the Chamber of Deputies. The author of the bill, deputy Sosthenes Cavalcante (PL-RJ), proposes that women and doctors who perform the procedure after 22 weeks could be imprisoned for up to 20 years.
The penalty would even be applied in cases of legal abortion and would equate the penalty to the crime of homicide.
About a month later, the Chamber’s plenary approved the urgency of the project. The measure provoked a negative reaction from different sectors of society, who took to the streets to demand that the project be shelved.
In view of the controversy, the president of the Lower House, Arthur Lira (PP-AL), recoiled. The PL will only be analyzed in the 2nd half of 2024.
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