Rio de Janeiro, Brazil, Apr 24, 2008 / 09:44 am
A judge in Rio Verde has ruled that a Brazilian law allowing abortion in cases of rape of a minor is unconstitutional because it violates the right to life protected by Brazil’s constitution.
Judge Levine Raja Gabaglia Artiaga of Rio Verde refused to authorize a request for an abortion for a young pregnant girl who was allegedly raped.
He said abortion goes against human life, “the most protected legal good in the constitutional order,” and that norms that violate the right to life cannot be approved in order to safeguard legal goods that are of lesser importance.
Article 5 of the Brazilian constitution states, “All are equal before the law, without any distinction whatsoever, guaranteeing Brazilians and alien residents in the country the inviolable right to life, liberty, equality, security and priority.”
Judge Gabaglia rejected the plaintiff’s arguments in the case that giving birth to a baby conceived through a violent sexual act could lead to birth defects because of the father’s genes.
He said abortion violates the protection guaranteed in the country’s Civil Code and usurps the rights that are conferred on the unborn, such as the right to life, prenatal protection, and other rights.