Negative Impacts Of Abortion Criminalization In Brazil: Systematic Denial Of Women's Reproductive Autonomy And Human Rights

The magnitude of unsafe abortion in Brazil is a result of the country’s restrictive abortion laws. Research shows a direct relation between legal restrictions on abortion and high rates of unsafe abortion. In Brazil, abortion law is very restrictive despite existing progressive policies and legislation on sexual and reproductive rights. According to the 1940 Penal Code, abortion is permitted only in cases of rape or to save the life of a pregnant woman. The current trend to intensify discriminatory application of abortion criminal law by public security and judicial state authorities has been detrimental to a woman’s full enjoyment of her right to health and rights related to reproductive self-determination, such as the rights to privacy, liberty and security of the person, equality, and freedom from discrimination in health care. This article will focus on the negative effects of abortion criminalization and how it affects women’s reproductive rights through an analysis of three key aspects: the major impact of unsafe abortion mortality and morbidity on public health; the lack of women’s access to safe and legal abortion care in cases permitted by law; and the role of the judicial system in prosecuting women, therefore increasing abortion stigma as well as violating basic human rights principles and norms. This article aims to explore the discriminatory effects of abortion law in Brazil using the case of Mato Grosso do Sul as an example.