Legalization and Decrimi- gained strength during lhe authoritarian period, raising new social demands and nalization of in questioning gender and race relations, : ten years of feminist among others, that until then had been swept under lhe carpet ar engulfed in lhe struggle issue of class struggle. The core of lhe struggle for lhe right to LEILA DE ANDRADE LINHARES abortion in Brazil is lhe radical challenge to BARSTED lhe state's interference in women 's bodies, moral and religious disciplining by religious Translation by CHRISTOPHER PETERSON sectors, and society's moralism in general, particularly among sectorsof lhe Left, which The abortion issue emerged in Brazil as part considered lhe abortion issue divisionary of a social movement in a society marked and socially irrelevant. by an extremely repressive military Looking back on lhe unfolding struggle for dictatorship. This differentiates it from the the right to abortion in Brazil allows us to context of modern, highly-developed identify some important points. capitalist societies, where feminism hes Throughout the 1980s, lhe abortion issue struggled to broaden democratic horizons was articulated with a number of other by incorporating the set of ideais of equality issues which gave it legitimacy based on for women, wherein lhe right to abortion is various forms of discourse. won as a recognition of the right to indivi- In lhe first place, lhe right to abortion was dual autonomy' and as a challenge to lhe defended asan inherent right to autonomous state's power to legislate over issues of individual will over issues related to one's individual intimacy. This rightthusconstitutes body. This position is expressed in lhe slogan, lhe most radical expression of citizens' "Our bodiesbelongto us". The radical nature freedom vis-à-vis lhe state. ofthis position challenges lhe various powers On the other hand, during the 1970s in that had been established throughout Brazil it was not an issue of broadening history to contrai men's and women's democracy but of obtaining it in the first bodies, especially women's. place. Equality, freedom, individual The defense of lhe right to abortion was autonomy, citizenship, and constraining lhe also based on lhe need to protect women 's power of lhe state were not pari of our health. Since abortion is a reality stemming political tradition. Still, such ideas were not from economic and social factors and a totallyoutof place. They represented claims sort of feminine culture that includes it as from quite diverse segments of society. part of women's reproductive cycle, there Feminism was thus a sort of "unarmed" was an evident need to legalize it in arder reaction to extreme political represssion. to eliminate the complicationsofclandestine Like other social movements, it emerged and abortion and protect women's health as a higher value than that of protecting lhe potential life of lhe fetus. ' See HALIMI, Gisèle, La Cause des Femmes. Paris: Based on the right-to-health argument, Bernard Grasset, 1973. emphasis was placed on a social concern:

ESTUDOS FEMINISTAS 7 ST /99 poor women are the biggest victims of thing happened with lhe Regional Medical complications of clandestine . In Councils, where there were few atiles and this sense, opposition to legalization of few in opposition, while lhe majority kept abortion was considered a reactionary silent. Some potitical porfies included lhe position that punished women from the right to abortion in their platforms. Still, in poorer classes who could not afford to use terms of arficulated action to make this the clandestine abortion clinics that had a right feasible, the allied parties were better, safer standard of treatment. lukewarm. lhe real olhes were actually Another question that was articulated with individuais- lawyers, doctors, and legislators the right to abortion was that of scientific - rather than their respective institutions. progress in early detection of fetal genetic Members of Congress who were allies of defects. In fact, when legislators were the women's movement for ideological concerned with establishing legal measures reasons became lhe spokespersons for taking the pregnant woman's honor or life various abortion bills. lhe same was true for into account, they still did not have access lhe doctors. Very few were brave enough tolhe medem prenotai exams which make to defend this right, either In iIs broadest it possible to determine with great precision form in lhe nome of women's autonomy or the existence of seriousfetaldefects making in its more restricted form, related to fetal future life unfeasible for lhe newborn. defects. II was only in the early 1990s that Finally, lhe abortion issue was also lhe Federal Medical Council took a public articulated with the implementation of a stance in favor of abortion in cases of system for integral women's health care serious fetal genetic defects. providing access to orientation and Those in opposition to abortion were not se contraceptive services and methods that numerous, but they were powerful: lhe tended to decrease the incidence of . with its national network aborfions. of pulpits and its influence over the Furthermore, lhe need was identified to mainstream press and sectorsof government; separate the abortion issue from the the Evangelical members of Congress with exclusively religious one, and lhe state their legislative mandates; some more thereby began to take a lay position with conservativesectors of the press; and some regard to it. Regional Medical Councils. These positionswere reflected in the various There was some new opposition in the 1990s. abortion bills that were submitted in lhe 1980s There was dissension within lhe women's and early 1990s. Bolo broad legalization movement itself, based on criticism aimed and the alternative, restricted, gradual at new reproductive technologies and lhe legalization weredefended as pro-abortion influence of lhe fundamentalist vision that positions in opposition to lhe Catholic was emerging in women's movements Church's dogmatic stance of total around the world. In addition, some crimination of abortion, even under reknowned jurists were taking a stance situationsthat prevailing legislation already against abortion in lhe mainstream press. provided for. Initiatives by some feminist groups in the In the search for alliances, the women's early 1990s to keep discussion on abortion movement ran up against limitations to ative and define strategies for action once support due to lhe country 's political again raise lhe struggle for women's right situation and sociely' s difficulty in polemiciàng to adopt for or against maternity. an issue related to sexuality. While some regional offices of lhe Brazilian Bar Background Association like lhe one in Rio de Janeiro Abortion first began to be taken up as an took sides with the women's movement, issue, a social fact, in the 1970s, beginning the Association's national board preferred with some academic studies in lhe public not to take a stance on the issue. The same health area. Outstanding examplesof such

YEAR 7 8 1" SEMESTER 99 studies included works by Milanesi (1970), other social contexts. In reality, as a political Falconi (1975), and Martine (1975). issue, abortion had only appeared on the Milanesi's work 2 considered voluntary public scene (and even then timidly) after abortion a pubiic health issue, stressed lhe the feminist movement emerged in Brazil. high incidence of hospitalization due to In fact, in 1975, within an intensely repressive complications, and reviewed lhe various political and social context, a group of rudimentary abortion practices. According women from Rio de Janeiro organized a to the author, considering lhe high week-long seminar on the role and behavior incidence of voluntary abortions, there was of women in Brazilian society, under lhe a de facto informal institutionalization of this auspices of lhe United Nations and lhe procedure, with widespread participation Brazilian Press Association°. The seminar of physicians. In this sense, her conclusions brought lhe specificity of lhe women's issue proposed that there be stricter adherence to lhe surface and was an attempt to shed to professional ethics by physicians. light on lhe condition of women in lhe Falconi3 stressed lhe relationship between country. As such, it was lhe point of departure voluntary abortion and hospitalization rates for public debate on feminism in Brazil, due to complications. Like Milanesi, he The seminar's final report presents a brief called for stricter control to discourage analysis of lhe condition of women in our voluntary abortion. country based on work issues, physical and Martine 4 studied behaviors related to family mental health, legislation, stereotypes and planning and found that considering the gender roles, education, and racial high abortion rates, it was virtually the only discrimination, among others. Considering method accessible to lower-income that lhe vast majority of lhe women who women. organized lhe event and wrote lhe report Inspite of their normative character, lhe were militant leftists, there was an first two studies were the first to reveal and unmistakable intent to link in dialogue with publicizestatistics on abortion rates among other groups that were opposed to lhe the lower classes. However, such information dictatorship and to establish legitimacy as only reached lhe academia medicai field. an opposition movement. This political During lhe 1970s, lhe Opinião newspaper5 alliance, which included Catholic groups, published several articles on feminism, explains lhe emphasis placed on labor among which an article defending issues and great core taken in omitting lhe voluntary abortion and another providing expression feminism as well as the lack of information on lhe new, safe abortion reference to lhe abortion issue in lhe final techniques. report (inspite of lhe fact that other However, both feminism in general and controversial issues, such as homosexuality, abortion in particular were still considered were mentioned).7 themes that had been "transplanted" from The statutes of lhe Centro da Mulher Brasi- leira (Center for Brazilian Women), founded 'This study by MILANESI, Maria Lúcia, was presented in Rio de Janeiro almost immediately after as a doctoral thesis at Universidade de São Paulo in lhe 1975 seminar, also left out lhe words 1968 and !ater published under the title O Aborto Provocado. São Paulo: Editora Pioneira/Editora USP, 1970. The group that organized this seminar was made 3 See FALCONI, Flávio R. M.. Incidencia de Aborto en up of Mariska Ribeiro, Leila Linhares Barsted. Branca el Amparo Maternal Durante el Mo de 1967. Master's Moreira Alves, Elice Munerato, Berenice. Minam thesis, school of Medicine, Universidade de São Campello, Maria Luiza Heilborn, Maria Helena Darcy, Paulo, 1970. and Maria da Glória Yung, among others. ° See MARTINE, George. Formación de ia Família y It is interesting to note that the manifesto approved Marginalidad Urbana en Rio de Janeiro. Study at this seminar was reprinted in toto by the bulletin of carried out for CELADE - Centro Latinoamericano SEDOC - Serviço de Documentação, a Catholic de Demografia, Santiago, Chile, 1975. information bulletin published by the Vozes 5 See Opinião. n.° 19, March, 1973. publishing house in Rio de Janeiro, 1975.

ESTUDOS FEMINISTAS 9 S.I./99 feminism and feminist and made no country like Brazil, where lhe social struggle reference to abortion. had been suffocated by lhe dictatorship. At this initial stage, two trends were Any women's movement that did not fill its emerging in lhe women 's groups: on the platform with overall claims related to la- one hand, the platform gave priority to the bor, poverty, and lhe country's socio- legal and labor rights strugge in addition to economia and political issues was considered the struggle for daycare centers. These untimely, inconvenient, and divisionary. were the ssues dealt with in movement Celso Furtado was thus an alibi that lhe newspapers such as those published by feminists found to work their way into nooks Nós Mulheres (We Women), Brasil Mulher and crannies and raise their banner for lhe (Brazil Women), and the Centerfor Brazilian first time. And it was a banner that surprised Women. Obligatory background subjects everyone and awakened much more included macro issues ranging fiam lhe interest and supportthan was expected...." wage squeeze to the building of the Trans- With regard to specific women's issues, Amazonian Highway. Another tendency anotherimpasse had been created. Which emphasized lhe issue of sexuality, abortion, was more important: lhe struggle for lhe contraception, and a critique of sexual right to daycare centers ar for lhe right to asymmetry and family organization in abortion? The Left's ideological stance and Brazilian society. While both trends had the need for one huge united front against links with the leftist political movements of lhe dictatorship raised unheard-of questions: the time, only lhe formar was considered were working women really concerned political. with their sexuality ar was sexual pleasure The existence of these two distinct only an issue for bourgeois intellectuals? methodologiesinfeminism can betentatively Goldberg° stresses how some lettist writers, related to the impasses and issues raised including Paul Singer, had alreadyexpressed by the dictatorship. The country was under their opinion on the subject. In 1973, in an an arbitrary decree known as AI-5 article published in Opinião, Singer stated (Institutional Act n° 5), including denial of that "...only a small group of middle - and basic civil rights, political repression, wage upper-class women can identify with lhe squeeze, and denial of habeas corpus, issue raised by lhe feminist movements in among others. These issues were also lhe developed countries lhe feminist important for militants in the women's movement in Brazil will have to consider movement, who feared being labelled as women's labor lhe vital issue...." alienated if they move away from lhe issues In Rio de Janeiro, the Center for Brazilian defined as priorities by lhe groups Women avoided taking an official stance opposition to the military regimen. as to abortion (in order not to cause Reflecting on lhe feminists' tear of being problems with lhe Catholic Church, a ma- considered alienated by their peer group, jor ally in the struggle against lhe military Mariska Ribeiro (1986) explains why Celso regimen) and to family planning (to not Furtado, a Minister in lhe deposed João Goulart government and who was coming Mariska Ribeiro is coordinator of women's back from exile in Europe for the first time in reproductive health at IDAC, a member of the 1975, was asked to give the closing speech CERES group. and founder of the Rio de Janeiro at the seminar sponsored by lhe United feminist movementin 1975. With regard to the feminist movement's need to find legitimacy among leftist Nations and lhe Brazilian Press Association: sectors, see also GOLDBERG. Annette. Feminismo "While lhe women 's issue and lhe UN em Regime Autoritário: a experiência do movimen- banner provided us with legitimacy in lhe to de mulheres no Rio de Janeiro. Rio de Janeiro: eyes of lhe right-wing repression, we also PUC, 1982 and BARSTED, Leila Linhares. O Movimen- to Feminista no Rio de Janeiro: trajetória, deman- needed legitimacy in lhe eyes of lhe Left. das e impasses. Rio de Janeiro: Universidade das The latter considered it unacceptable to Nações Unidas/FESP. 1985. discuss women's specific struggles in a °See GOLDBERG. Annette. Op. cit..

YEAR 7 1 O 18 SEMESTER 99 cause dissension with the Left), inspite of thus found lhe feminist movement ready to the fact that many individual members publicly assume lhe abortion ssue. took open stances on both issues. In chronological terms, the process In a way, lhe feminist movement in lhe obviously occurred differently in various 1970s faced some problems related to its parts of Brazil. But in general it was only in own Identity: the 1980s that lhe aboffion issue cometo Should it be subordinate to its allies on lhe be discussed publicly by lhe feminist Left and restrict its demands to labor issues, movement. daycare centers, and legal equality, or It is important to note that when Congressman should it stay autonomous and ta ke João Menezes presented a bill to decriminalize independent positions and broaden its ran- abortion in 1975, public demonstrations by ge of claims and concerns to include feminists were discreet, and there was no sexuality, contraception, abortion, and open campaign to support lhe bill. violence against women? Beginning in 1980, the feminist movement In its meetings and manifestos, should it used various means to publicize discussion only publicly support general struggles or of abortion. Newspaper and magazine should it also fight for lhe legitimacy of articles in the mainstream and alternative specific issues? press, books, theses, seminars, conferences, Should it take an immediate stance on distribution of pamphlets on lhe street, TV sexuality, abortion, and contraception, or interviews, pressure on progressive porfies should it postpone these issues till a distant and candidates for political off ice were ali future, thus preserving its alliance with the part of lhe new phase in lhe struggle forthe Church and lhe Left with regard to general right to abortion. issues? Finally, what alfiances should it form, what The 1980s: public debate on abortion alliances should it question, how for should lhe strait jacket on lhe feminist movement it go in preservingthem, and what were lhe concerning the abortion issue, which had limits to concessions? originated in lhe alliance with the Left and The movement' s contradictions in defining lhe Church, began to be loosened in lhe its Identity became explicit in lhe late 1970s late 1970s. In fact, research by feminists in in several meetings and publications ali 1978" showed that in terms of women's over Brazil. For example, in Rio de Janeiro in sexuality in Brazil, abortion was an actual 1978, a group of feminists broke off from lhe fact rather than an exception. Center for Brazilian Women and released a lhe feminist movement thus took a greater manifesto vindicating space for such taboo offensive on lhe issue in lhe 1980s. issues as sexuality and abortion. In 1980, a group of patients, nurses, and In addition, political decompression in lhe doctors from a clinic in lhe Jacarepaguá authoritarian regimen made greater democratization of lhe leftist groups consensus among the participating groups from possible, allowing the feminist movement various states of Brazil in terms of the relevance of all to take up issues that had previously not the issues and kinds of work that lhe womenS been given priority by their political wing. movement dealt with, thus overcoming lhe This internai democratization made it prevailing view of priority versus non-priority issues. possible for ali issues to take on lhe same " In 1978, the Carlos Chagas Foundation funded research by the CERES Group (Branca Moreira Alves, levei of legitimacy, thus abolishing the Mariska Ribeiro, Leila Linhares Barsted, Jacqueline traditional system of priorities. 1° The 1980s Pitanguy. and Sandra Azeredo) on women's social and sexual Identity, including interviews with women 1° See Mulheres em Movimento, by several authors. from various social segments and age brackets, Rio de Janeiro: Editora Marco Zero/IDAC, 1981. This approaching lhe abortion issue. among others. This book is a compilation of the proceedings of the research was published in the book entitledEspelho meeting held in Rio de Janeiro by lhe women's de Vên usidentidade social e sexual da mulher. São movement. There was an attempt to reach a Paulo: Editora Brasiliense, 1981.

ESTUDOS FEMINISTAS 1 1 S.I./99 neighborhood were arrested on charges Copacabana and at the Rio city bustermi- of practicing abortion, which led a group nal. Two questions were asked: of feminists to hold demonstrations at the a. Are you for or against abortion? entry to the police station and in front of the b. Do you think a woman who has an municipal courthouse in downtown Rio.12 abortion should be arrested? The demonstrations received big coverage Two positions emerged in the analysis of in Rio's mainstream press. the answers: Hildete Pereira de Mello ' 3 writes the 1.lhe majority were against abortion. following on this episode: "...beginning with 2. Nearly ali of both the men and women this incident, a national campaign was interviewed were against legal punishment organized to decriminalize abortion. The for practicing abortion. next strategy was to write a pamphlet: Social censure of abortion was thus iimited 'Women, the time hes come to fight for free to a moral and religious kind and did not abortion', which was handed out every include legal censure by lhe state as week at the open-air markets. This expressed by imprisonment. distribution of pamphlets allowed the This result allows ene to infer that inspite of feminist activists to get a direct reaction on being socially censured, abortion is merely the issue from the silent majority." considered a kind of deviant behavior with Concerning this some incident, Jacqueline ethical, moral, and religious implications Pitanguy wrote an article in the Jornal do but where legal punishment is not indicated. Brasi114, a major Rio newspaper with large In other words, it does not require tutorship nationwide circulation, defending the right by the state. to abortion as women's option. For the feminists who participated in this This offensive by feminist groups in taking process, it was olear that the rallying call the abortion issue out ente the streets and was not to defend abortion per se but its into the press meant a conscious break decriminalization. In other words, that lhe pe- with some traditional olhes in lhe struggle nal cede should no longer consider it a crime. against the dictatorship, including the That some year, 1980, the Rio de Janeiro Catholic Church, The Church reacted with press gave considerable coverage to the several articles in mainstream newspapers, case of minor J., age 12, and her mother threatening to excommunicate those who Cícero. lhe Jornal do Brasil, O Dia, O defended abortion. Fluminense, and O Globo reported that J., This process coincided with the huge who had been raped by her stepfather, national mobilization to redemocratize the had not obtained medicai permission to country and with the revitalization of social have an abortion as provided for by lhe movements, bringing forth new demands, law. This fact laid bare another reality, that new issues, and new strategies. even in situations where abortion was not lhe abortion issue was thus brought out into prohibited by law (pregnancy resulting trem the open and ente the streets. Feminists or that was life-threatening for lhe interviewed the general population and mother), access to abortion wasdenied by asked them to vote in an opinion poll at the medicai establishment. This situation such places as in front of a church in was publicized in a caustic denouncement written by J. 's lawyers and covered by lhe 12 See MELLO. Hildete Pereira de. Sexo Finalmente press, when nothing more could be done Explicito: retrospectiva de uma experiência. In Re- because the girl was already in the third vista Impressões, n°. 1, Rio de Janeiro, undated. See also GIOVANNI. Rosângela di. Projeto de Vida: um quarter of her pregnancy. lhe story of estudo das representações femininas do aborto. Cícero and her daughter later became a São Pau/o: UNICAMP, 1983. book by Dando Prado.'s MELO. Hildete Pereira de. Op. cit.

Article published in Jornal do Brasil in 1981 under 15 PRADO, Dando. acera, um Destino de Mulher. the title O Aborto - Direito de Opção. São Paulo: Editora Brasiliense, 1980.

YEAR 7 1 2 SEMESTER 99 lhe lawyers' denouncement shows how demanded a series of documents. We hard it was to forge alliances with doctors provided them, We photocopied ali lhe over the issue of the right to abortion. papers and had them notarized, including Newspaper columnist Ibraim Sued had the arder by Judge ltamar Barbalho of the recently written about Congressman João 21st Criminal Court, where he guaranteed Menezes bill to broaden lhe range of that the physician would not suffer any kind situationswhere abortion was allowed, and of penalty... in their letter lawyers Jair Leite Pereira and "Then another problem carne up. lhe head Ronaldo Ferlich de Sá showed their of lhe maternity ward told us that scepticism and told the story of J. and her authorization was needed from the Minors' motherin their calvary to obtain an abortion Court, a requirement coming from the Re- in a kind of situation that had been covered gional Medical Board, which had been by law since 1940: consulted„. "...we have no doubt about Congressman "We informed lhe doctor that the Minors' João Menezes' good intentions Court could not "authorize" the abortion, addition to non-punishment for physicians since lhe girl was neither a delinquent nor who perform necessary abortions, he would abandoned, so that she did not til under allow under law those kinds of abortions the Court's jurisdiction, and that the law did which are performed to avoid the birth of not support abortion in principie but that it babies with genetic defects as well as also did not penalize physicians who those performed on poor mothers. lhe bill performed abortions in this kind of situation is praiseworthy, but in practice it will not (rape). But lhe INAMPS system was work, because physicians peremptorially categorical: if lhe Minors' Court wouid not refuse to perform abortionswhere preg na ncy authorize lhe abortion, they would not has resulted from rape and are even more perform it - it was an arder from lhe Regio- adamant when there is evidence of a nal Medical Board. We went to lhe Minors' genetic detectar the mother is poor We Court judge. Judge Campos Neto attested were approached by a woman who that the case did not come under his complained that her companion had, jurisdiction, since J. wasneither abandoned over a period of months, forced her nor a delinquent. daughterJ., age 13, to have sexual relations lhe director of lhe hospital then mode it with him uniu l finally he got her pregnant, clear that he was afraid of getting a and we took ali lhe legal steps that ended reputation as an abortionist: "1 won't do it up in the man's conviction he was but maybe one of my colleagues will." sentenced to threeyears and nine months None of them did, because he might gel a in prison We contacted lhe doctors at reputation as an abortionist... lhe Miguel Couto, Souza Aguiar, and even "On August 6, 1980 ... J., who had not yet Pioneiras Sociais Hospital (the latter being turned 14 .,. gave birth to a boy in lhe devoted especially to single and/or poor Andarai Hospital .... A feminist league carne mothers). We became very discouraged, to J. 's aid near lhe end of her pregnancy however... By focusing on lhe problem from lhe "Inspite of a very olear arder by Judge point of view of victimology, we carne to ltamar Barbalho in which he said that lhe conclusion that when somebody gets whatever physician performed that pregnant in Brazil as the result of rape and second-trimester abortion would not be wants to solve lhe problem through legal punished, no physician would do it... channels, a new figure emerges in lhe "There was always lhe same allegation victimological phenomenon: lhe victim and same fear - of getting a reputation as Monge, namely, the rapist who ends up as ao abortionist. We finally went to the cen- victim of lhe prison system, lhe woman, tral hospital of INAMPS (the Federal health who is lhe legal victim of lhe rape, and lhe and social security system) ... They child, who is lhe victim of poverty...

ESTUDOS FEMINISTAS 3 S.I.199 "Therefore, lhe only solution is lhe This right includes access to information on decriminalization of abortion. The five forms bidh contrai methods so that women can of abortion should be eliminated from our opt for the best individual method with due penal code. Physicians who are afraid ata support from a qualified gynecologist. To reputation as abortionists will have to deci- this end, with lhe expansion of troe health de whose side they are on."16 clinics controlled by the community, it is This evaluation by the lawyers is pertinent necessary to ensure that poor women also even in 1991. II was part of the controversy have access to information and medicai that was sparked within the women's core related to lhe use of contraceptivo movement concerning tactics for struggling methods. Only thus will it be possible to for lhe right to abortion: decriminalization eliminate one of lhe causes of unwanted ar broadening of lhe legal criteria and pregnancy, namely lhe lack of knowledge struggle for lhe guarantee to treatment in concerning adequate contraceptivo the public hospital system in both the cases methods and lhe means to acquire them already provided for under law as well as in No one is infavor of replacing contraceptivo those which might corne to be included methods with abortion...." (1980) under broadened legislation. Further on, lhe authors affirm that "...it is The lawyers' letter also stressed the reasonable to assume that lhe legalization conservative stance taken by lhe Regional of abortion may help improve women's Medical Board, contradicting even lhe health conditions, particularly those of poor existing legislation, and how fruitless it had women, who now risk their lives when they been to turn to the doctors. Their position have abortionsunder extremely precarious explains why even in cases of abortion conditions. This is what we mean when we provided for by law, women still turn to lhe say that to oppose legalization means underground clinics, thusexposing themselves taking a conservative position that results to lhe travails of illegality. in the persistence afano more privilege for The abortion issue was also sparked in São lhe wealthier classes." Paulo in 1980 by lhe Frente de Mulheres The Feminist Women's Front's endorsement Feministas (Ferninist Women'sFront), which of Barroso and Cunha 'sstudy brings up two published the book O que é o Aborto? issues: first, it links the abortion issue with (What is Abortion?), by Carmem Barroso knowledge of and access to contraceptivo and Maria José Carneiro da Cunha» The methods, and second, it relates lhe issue to book deals with lhe social, moral, legal, working-class women's living conditions. and demographic aspects of abortion and The authors thus enter into dialogue with providas medicai information including lhe leftist sectors who had at best remained techniques used as well as interviews with aloof tolhe issue of voluntary abortion and wornen who have had abortions. The book at worst had been amiss or opposed talhe stresses the following: feminist demand for its legalization. "...in fighting for lhe legalization of abortion, Allied with a view of abortion as an Brazilian feminist groups have emphasized autonomous right of women as expressed that this is just one among many claims by by lhe slogan "Our Bodies Belong to Us", feminists, including an overall transformation lhe book by Barroso and Cunha considers of society soas not to deny any woman lhe lhe struggle to legalize abortion as an right to decent human living conditions for attempt to "...prevent serious physical injury herself and lhe childrenshe wishes to have. and even death that numerous women suffer when they undergo clandestino 16 The entire text of the letter by the lawyers abortions". (1980) rearesenting Cícero and her daughter J. is in the book by PRADO, Dando. Op. cit.. p. 123-125. Congressman João Menezes, who in 1975 had submitted a bill '' BARROSO, Carmem and CUNHA, Maria José car- to decriminalize neiro, O Que É o Aborto, Frente de Mulheres Feminis- abortion, submitted another to broaden tas. São Paulo: Editora Cortez, 1980. lhe legal criteria to include two indications:

YEAR 7 1 4 1" SEMESTER 99 cases of fetal genetic defects and poverty alliances with other sectors in society, affecting the pregnant woman. including lhe Brazilian Bar Association, for The Visão magazine was anticipating lhe example. results of lhe vote on this bill in lhe Brazilian Thus, woman lawyer Romy Medeiros da Congress when it wrote on August 11, 1980: Fonseca, a traditional women's rights "lhe Catholic Church will fight vigorously advocate'9 and author of a preliminary against it. lhe anti-abortion campaign is study forthe civil statutes of married women based on lhe notion that it is a crime to take in 1962, submitted a position paper in favor lhe life of a fetus in arder to meet lhe of lhe decriminalization of abortion at the parents' wishes. The pro-aborfion campaign National Conference of lhe Brazilian Bar is based on lhe idea that it is up to the Association in 1962.20 couple, especially lhe woman, to decide While her proposal was approved by a sub- whether or not to have a child, and that committee, it was not submitted to lhe there is the further reality of illegal abortions conference plenary (as foreseen under threatening lhe mother's life, a situation statutory procedures), due to a decision that only legalization would be able to by Congressman Bernardo Cabral, then change."18 president of lhe Federal Council of lhe Bar Although thissecond bill was also rejected, Association, who felt that the proposal for lhe feminist movement it showed lhe would be rejected by lhe plenary. He need to take up the legislative struggle, counseled the author and other feminist whether for decriminalization or for a lawyers to tactically withdraw it and submit broadening of lhe criteria referring to it again at another opportunity. His advice situations provided for under law. On the was accepted, and lhe feminist lawyers one hand, this double approach may be assumed lhe taskof submitting lhe proposal viewed as a strategy to take either lhe for decriminalization of abortion to the state short or long run to reach lhe same chapters of lhe Brazilian Bar Association. objective, namely lhe right to abortion as With regard to this conference, lhe feminist an expression of women' s autonomy over newspaperMuiherio2 wrote in 1982: "...the their bodies. On lhe other, it reflects controversy almost turned into a physical ideologically distinct positions. While by this fight some jurists accused lhe author of time lhe abortion issue had been taken up lhe proposal of dividing colleagues' as a priority by lhe feminist movement as a attention and trying to split lhe Bar." In an whole, infact some women'sgroupsfeared interview to lhe same newspaper, Romy taking what might be considered a more stated, "The abortion issue tugs at lhe radical approach infavor of decriminalization. priests' habits, and lhe Bar Association is Those who defended decriminalization only concerned with lhe Constitutional proposed that lhe incriminating articles be Congress. And what of lhe women who stricken from lhe penal cede, keeping only are dying, are they not part of lhe people?" article 125, which considers it a crime to Zulaiê Cobra Ribeiro, a woman lawyerfrom perform an abortion without lhe pregnant woman' s consent. Author of the preliminary bill that led to lhe so- Defenders of the gradual approach cafled Iaw of lhe civil statutes for married women, proposed a broadening of criteria for which broadened women's rights in the Brazilian legality beyond those already included in civil code in 1962, Romy Medeiros da Fonseca was lhe legal cede, based on lhe premise that a pioneer in the feminist moyement in raising the banner of lhe right to abortion. there was not a sufficient political base to push further at that time. 2° FONSECA, Romy Medeiros da. Justiça Social e Aborto. IX Conferência Nacional da Ordem dos This was lhe prevailing climate when Advogados do Brasil. Florianópolis, Santa Catarina, feminists began attempting to forge May. 1982. 21 Cresce a Campanha pela Legalização do Abor- '8 See Visão, August 11, 1980. to. In Mulherio. July-August, 1982.

ESTUDOS FEMINISTAS 1 5 S.l./99

São Paulo who was present at lhe de Janeiro, a supra-partisan coalition of conference, noted in an interview to Mu- women's groups who submitted feminist lherio that "...as long as we were discussing demands to lhe various political parties, proposals on lhe National Security Law, lhe particularly lhe demand for legalizing Constitutional Congress, agrarian reform, abortion. Some of the parties included this and labor rights, there was consensus. But demand in their platforms.23 when it carne time to talk about legal Rio de Janeiro feminists felt that lhe equality between lhe sexes .. lhe arguments in favor of legalization of aborfion conversation changed and there was talk were strengthened by research done by about protecting lhe life of lhe fetus, while feminist Hildete Pereira de Mello 24, who did nothing was said about lhe thousands of a survey in lhe INAMPS (public, Federal) women who die ar end up mutilated as a hospitais on complications of clandestine result of clandestine abortions on a large voluntary abortions. Rio deJaneiro feminists scale." fought for the decriminalization of abortion Eram 1982 tolhe present the Federal Council up tolhe 121h week of pregnancy and for of the Brazilian Bar Association nas failed as orientation that abortion should not be an institution to take a position in favor of understood as a contraceptive method. aborfion, inspiteof international experience A series of events occurred in 1983 that moving towards less repressive legislation. were relevant for lhe struggle to legalize Only lhe isolated voices of sorne state abortion. chapters of the Bar, such Rio de Janeiro, A meeting was held in March 1983 in Rio de and a few individual lawyers have taken a Janeiro on health, sexuality, contraception, position in favor of decriminalization or and abortion, under lhe auspices of lhe broadening lhe legal criteria. Casa da Mulher do Rio de Janeiro, Grupo It became increasingly olear that with Ceres, Coletivo de Mulheres do Rio de lhe redemocratization of Brazil, both Janeiro, Projeto Mulher do 'DAC, and Grupo decriminalization and the gradualist Mulherando. According to lhe evaluation approach would be decided by lhe report, lhe goal of this meeting had been National Congress. In 1982, this realization "...to discuss the controversial issue of family led feminists to establish a dialogue with planning and abortion under various the political porfies, particularly with women approaches and points of view We feel candidates in lhe electionsthat wereto be it is highly important for lhe women's held that year. movement in Brazil to have a definite This dialogue was recorded in Mulherid2, position on family planning and abortion which interviewed candidates Lúcia Arruda based on a broad discussion, void of (PT-Workers' Party, Rio), Heloneida Studart prejudice.... We feel this discussion is (PMDB-Party of lhe Brazilian Democratic necessary and opportune, for two reasons Movement, Rio), Maria Tereza Amaral (PDT- among others: a. under a proposal by lhe Democratic Labor Party, Rio), Ruth Escobar Executive Branch (1983), the Legislative (PMDB, São Paulo), Clara Sharf (PT, São Branch is discussing changes in lhe current Paulo), and Wide da Mata (PMDB, Bahia). Brazillan penal code, which now penalizes Ali were asked to give their positions on abortion, and inspite of some slight " The two most active parties in this context were the PMDB (Party of the Brazilian Democratic Movement) differences, ali were in favor of legalization and lhe PT (Workers' Party). based on a concern for women's health, " MELLO. Hildete Pereira de. Sequelas do Aborto: particularly that of poor women. custos e implicações sociais, Fundação Carlos Cha- The year 1982 also witnessed lhe formation gas, INAMPS, Rio de Janeiro. May, 1982. This book of lhe Ferninist Alert for lhe Elections, in Rio gives lhe results of a survey that Hildete Pereira de Mello and Maria Teres Indiani presented to lhe Fundação Carlos Chagas, which supported the 22 Rio: A Busca da Forma Feminina de Fazer Política. study under its program for financing research on In Mulherio, July-August 1982. women.

YEAR 7 6 SEMESTER 99 voluntary abortion; and b. in recent years discussion was, opening up a common and at present, lhe Legislature has been struggle based on lhe need for women to manifesting interest in relation to the have control over their own bodies." formulation of a population policy II is September 28 was declared National Day thus essential for lhe women's movement of Struggle for Abortion Rights. in Brazil to take a stand, not only through There were points of consensus and isolated positions by lhe various groups, divergence in lhe discussions that followed but as a consensus." presentations by lhe speakers and lhe This meeting became a milestone in lhe showing of a fim by Eunice Gutman, Vida public discussion on abortion because of de Mãe é Assim Mesmo? (Can This Be its national nature. For three days, three Motherhood?). Some conceptual confusion hundred women representing 57 groups became evident. Was decriminalizing the from ali over lhe country (Pará, Maranhão, same as legalizing? Was it lhe propor time and Sergipe were lhe only states that were to launch a national abortion rights not represented), and members of campaign? Should men be heard? These Congress (Senators, members of lhe Fede- doubts pointed to lhe need to delve further ral and respective State Houses, and city into lhe abortion issue within lhe movement councilpersons) met to discuss voluntary itself, considering that Rio de Janeiro and abortion in two paneis. lhe speakers on these São Paulo had already moved further paneis were highly representative individuais forward on lhe issue than groups from lhe from their respectivo professional fields.25 other states. Even so, lhe proposal for a As lhe newspaper Mulherio reported26, National Day of Struggle for Abortion Rights "lhe discussions were characterized by a was approved almost unanimously. diversity of positions, and there was even a lhe final report included a demand with representativo of lhe government, woman lhe rnark of Zuleika Alembert, who had lhe Senator Eunice Michillis of lhe PDS legitimacy of militant leftist and feminist, (Democratic Social Party, pro-government) memberof lhe São Paulo FeministWomen's from lhe state of Amazonas...." Front, namely: "...the right to abortion as According to Mulherio, "...the most lhe last resort to solve a situation of important aspect was how mature lhe unwanted pregancy. A widespread campaign on lhe abortion issue should be " Speakers in the panei on a bortion included carried out, including information on lhe Martha Suplicy (sexologist), Hélio Aguinaga risks it involves for women's health when (physicion), Christian Gauderer (physicion), Hildete Pereira de Mello (economist), Eliane Labra (social performed without medicai core. lhe gra- scientist). Dando Prado (writer), Leny Silverstein dual liberation of abortion should include (anthropologist), Mirian Fauri (physician). Zuleika troe, complete gynecological care, Alembert (journalist). Eunice Michillis (Senator), including abortion in lhe social security/ Cristina Tavares (Representative), and Nilo Batista public health system clinics. This is lhe only (criminal lawyer). Rosângela Giovanni, in reporting on this meeting in her book. stresses the opinion policy that considerswomen subjectsrather given by participant Carmem da Silva, as expressed than objects. This is why we will support and in an article in Cláudia. June 26, 1983: "...we are defend such a policy, because more than going to win a right that no one wants to use, but ever before, our bodies belong to us!" that is dueto us at any rate. Justas we got the right to divorce. even though everyone would prefer lhe meeting served to encourage lhe marriage to work out. It is like the right to wear groups that were involved in lhe organization alasses or crutches, to amputate a limb with gan- of it to edil a bulletin on health, sexuality, grene. or to have heart surgery. It is something that and abortion in May 1 983. 27 This bulletin was nobody wants for herself, but it is a freedom that no one can reasonably deny us if the need arises." " Mulherio. May-July. 1983. In the previous issue, " MELLO, Hildete Pereira de. In Impressões, and March-April, 1983, This newspaper covered the GIOVANNI, Rosângela di. Op. cit.. seminar by reporting: "...taboo lifted on discussion " SUPLICY, Martha. Conversando sobre Sexo. São of abortion rights." Paulo: Editora da Autora, 1983.

ESTUDOS FEMINISTAS 1 7 S.I./99 called Sexo Finalmente Explícito (At Last, of lhe state of Rio de Janeiro, signed by Explicit Sex). Five thousand copies were women's organizations and groups, trade printed. II defended lhe decriminalization union committees, and political party of abortion and publicized information on movements (from lhe PDT, PMDB, and PT) contraception within a perspective of with suggestions concerning health, defense of . education, violence, and lhe double Martha Suplicy also published her book work day, demanding "...orientation for Conversando sobre Sexo (Talking about women concerning abortion: indications, Sex)28 in 1983, based on her experience consequences, risks, and psychological heading a major TV talk program on lhe care, making sure that it is not seen as a Globo network. Martha Suplicy's book deals contraceptive method."3° with lhe struggle to legalize abortion, Veja magazine published an article in 1983 provides details on lhe different types of entitled Brazil: Abortion Champion, and abortion, and talks about lhe Church's Isto É reported on a round-table discussion position. The issue is covered in an unbiased at lhe University of Campinas in lhe state of way. Oddly enough, lhe book was published São Paulo: "...no policy related to (family by a Catholic publishing house, Vozes. planning) can ignore lhe abortion issue. ff is Mulherio published severa] articles on estimated that there are as many as four abortion in 1983. There was an article on million clandestine abortions a year in Brazil. family planning in lhe January-February The specialists meeting ai the University of issue by Carmem Barroso, who declared, Campinas believe that a plebiscite should "...for lhe same reasons that advocates of be held on lhe decriminalization of family planning are not interested in fully abortion."31 publicizing information about methods that National Representative Cristina Tavares hinge on lhe desire to have children, they (PMDB, Pernambuco) presented a bill to are also not concerned about making Congress in 1983 which proposed to broaden abortion safer and more accessible through lhe range of legal possibilities for abortion. decriminalization. As long as it remains In justifying lhe bill, lhe Congresswoman illegal, abortion is a serious risk for a woman pointed to lhe need to put an end to lhe who decides to interrupto pregnancy that abortion industry, which she charged with she could not avoid...." surgical accidents and deaths. II was also in 1983 that a coalition of According toMulherio32, "Cristina does not women's groups, including Casa da Mu- intend to decriminalize abortion, since she lher de São Paulo, CIM - Women's considers this alternative controversial, Information Center, SOS-Sexuality and sparking 'adverse, impassioned' opinions. Politics, Pró-Mulher, lhe Women's Union, Rather, she has chosen to 'broaden lhe lhe Feminist Women's Front, lhe Lesbian- legal indications for abortion." Feminist Action Group, and lhe State Mulherio went further to say, "The project Council on lhe Condition of Women defined was very well-received by women's a common platform including lhe following: groups." Several Congresswomen who "...free abortion for women who want it were interviewed by lhe newspaper, and have not been able to avoid an including 'vete Vargas (PTB-Brazilian Labor unwanted pregnancy. Orientation that Party, São Paulo), Rita Furtado (PDS, abortion should not be viewed as a Roraima), and Bete Mendes (PT, São Pau- contraceptive measure. As long as there lo) spoke in favor of lhe bill. are clandestine abortions, there must be decent hospital core for women who need 3° Mulherio, Jan.-Feb., 1983. it because of complications."29 Veja, Nov. 16, 1983, p. 74, andisto É, June 29, 1983, A document was also sent to lhe government p. 42. 32 Congresso Discutirá o Aborto. In Mulherio, May- 29 Mulherio, Jan.-Feb., 1983 June, 1983.

YEAR 7 1 8 1" SEMESTER 99 Ivete Vargas went so far as to say, "lhe State Representative Lúcia Arruda issued a struggle for abortion nafta be penalized is statement on the revocation of Act n°832/ an absolutely legitimate one. I can ensure 85 in which she pointed out that the São you that the PTB is going to vote for the bill, Paulo Regional Medical Council had since to penalize abortion is an absurd way "...defended an open position in proposing of incriminating women and preventing a broad discussion by society on lhe issue them from having contrai over their own of abortion .... lhe São Paulo Medical bodies. II is a reactionary attitude." Council considers lhe prevailing legislation Rita Furtado stated, "It is necessary to libe- outdated ... and thinks that abortion should ralize, open up, and democratize lhe be legal, not only for pregnancies which legislation on abortion." imply risk to the woman 's health.... lhe Bete Mendes stated in turn, "When members of lhe Council are also in favor of Congress discusses a bortion, it will be abortion when the fetus presents a disease dealing with the health of lhe people, that that is harmful to iIs development or a portion of lhe population that is subject to serious genetic defect...." The same this situation of criminal abortion, using statement also quotes shows of support for rudimentary backyard techniques, those Act n° 832/85, including those from the members of the population that are not president of the Rio de Janeiro chapter of even knowledgable about their own the Brazilian Bar Association, Nilo Batista, the bodies." women's committee of the same chapter, In 1985, atthe initiative of State Representative state representatives and councilpersons Lúcia Arruda (PT, Rio), lhe Rio de Janeiro from various parts of Brazil, and over 60 State House of Representatives approved groupsfrom civil society, including women's bill no. 832/85, which required the public groups and professional associations from health system in lhe State to provido ali over lhe country including Rio de Janei- medicai care to women in cases of abortion ro, São Paulo, Minas Gerais, Pernambuco, permitted under lhe penal code. Ceará, Santa Catarina, Espírito Santo, and This law was only in force for a short period even São Félix do Araguaia." of time, and the fact that it was laterrevoked Eram 1983 to 1987, lhe abortion issue was shows explicitly that inspite of lhe Republican kept alive in the public debate through articles system in Brazil having officially separated in lhe mainstream press, such as Jornal do Church and state, the Church still wields Brasil, Folha de S. Paulo, and Veja, as well tremendous power in intimate connection as medicai journals, publications by the with the state in terms of issues related to women's movement, publications by morality and sexuality. nongovernmental organizations, national Act n° 832/85 was revoked at lhe initiative and internationalmeetings and symposia, and of lhe State Governor, who submitted an even lhe officio] government press bulletin.34 appeal to lhe State Leislature at lhe urging of Cardinal Eugênio Salles. 33This document was wriffen up by the staff of Rio de lhe Catholic hierarchy in Rio de Janeiro Janeiro State Representative Lúcia Arruda and is a had set off a huge campaign against the dossier on the elaboration. approyal, and reyocation bill. On the Sunday prior to the voting of the of said law. This document's reference to the São bill's revocation, it distributed a letter to lhe Paulo Regional Medical Council is on the Council 's position concerning abortion. In 1984 the São Paulo parishes, to be read from the pulpit during Council had written a report entitled A Questão do mass, repudiating the bill as a legal norm Aborto Legal no Brasil. drawing on information from that required physicians and clinics to the feminist movement, including data from Romy practice lhe "crime of abortion". The same Medeiros da Fonseca's thesis and publishing results of a study undertaken with the Council's support. campaign was broadcast over radio. The study. done by Prof. Maria Cecilia Ferro During this controversy, lhe Rio de Janeiro Donnangelo, interviewed São Paulo physicians as Regional Medical Council also carne out to their opinions regarding voluntary abortion. publicly against Act n° 832/85. " Among the outstanding books and adidos

ESTUDOS FEMINISTAS 9 S.l./99

In 1985, under the headline Venceu a lhe last session led to discussion on abortion, Hipocrisia (Hypocrisy Wins Out), the which had not been included as an newspaper Sexo Finalmente Explícito35 autonomous theme on lhe seminar's agen- reported that "on May 31 the Constitution da. Speaking on scientific progress in and Justice Commission of the House of detecting fetal defects, Dr. Thomaz Goilop Representativesvoted 10 to 3 against lhe bill of the University of São Paulo suggested by Congresswoman Cristina Tavares which that a third legal criterion be included for proposed to broaden the decriminalization necessary abortion under Article 128 of the of abortion" and attacked the vote by penal code, as follows: rapporteur Representative Hamilton Xavier "No punishment is applied for abortion (PDS, Rio). performed by a physician: III - when serious, In 1986, INAMPS, lhe Ministry of Health, and incurable disease is detected in lhe fetus." the National Council for the Rights of During this same session, Danda Prado36 Women, with support from feministgroups, spoke on scientific progress in detecting established a policy for integral health care fetal genetic defects and critically warned for women known as PAISM - the Program participantsabout the anti-ethical potential for Integral Health Caro for Women. One of of such progress; in her opinion, the proposal the main objectives of this program was "to to broaden the legislation to include fetal avoid voluntary abortion by preventing defects was only valid "...from lhe angle of unwanted pregnancy". It was based on women's integrity and autonomy, resting the premise that orientation and access to in lhe fact that it broadens lhe range of contraceptive methods helped prevent possibilities for abortion as a tactical stage voluntary abortion. within a strategy for struggle, to reach a In 1987, the NationalSeminaron Reproductive broaderliberation of cases permitted under Rightswasheld in São Paulo undertheauspices the law in which a pregnancy can be of the Black Women's Collective, the Feminist interrupted." Coilective on Sexuality and Health, lhe São Father Júlio Munaro 37 expressed lhe Paulo State Council on the Condition of Catholic Church's position, which for Women, and Dr. Elza Berquó of CEBRAP. dogmati reasons was contrary to Dr. This seminar consisted of three major Gollop's proposal to allow abortion in ca- sessions dealing with the issue of human ses of fetal defects: "...a woman or couple reproduction, criteria for producing who decide to have a prenotai exam with research, and the utilization of contraceptives the purpose of taking the fetus's life should and scientific advances in detecting fetal it proveta have a serious defect or disease genetic defects. are proceeding against a person and therefore against lhe right to lite. lhe same published were the following: a study by IDAC can besaid of lhe physician or representative coordinated by Mariska Ribeiro, Ter Filhos: uma of the institution that dares to do this." escolha consciente, 1986: articles in Revista Impres- sões, Rio de Janeiro, 1987; articles published inFolha lhe seminars report, especiallythechapter de S. Paulo by Carmem Barroso, 1987 and 1989, on the session concerning Scientific Progress Anésia Pacheco Chaves and Sfivia Pimentel, 1987; in Detecting Fetal Defects, records lhe an articie by Sílvia Pimentel in Veja, 1988; a study by heated controversy overthe abortion issue. Dr. Thomaz Gollop published in Revista Brasileira de Genética, 1987: etc.. The meetings included lhe lhe argument between Father Munaro and International Meeting of lhe CEDAW in São Paulo in 1987; the National Seminar on Reproductive Rights PRADO, Dando. Os Avanços da Ciência na in São Paulo in 1987: lhe Christopher Tietze Detecção da Mó-Formação Congênita. In Relató- International Symposium, Women's Health in the rio do Seminário Nacional dos Direitos Reprodutivos. Third World, in Rio de Janeiro in 1988: lhe National Embu, Sào Paulo. 1987. Meeting on Women's Health in Brasília in 1989; etc.. 37 MUNARO, Júlio:Avanços Científicos na Detecção With regard to the newspaper Sexo Finalmente da Má-Formação Congênita - Problemas Éticos e Explicito see MELLO, Hildete Pereira. In Revista Im- Institucionais. In Relatório do Seminário Nacional pressões, n° 1, Rio de Janeiro, undated. dos Direitos Reprodutivos. Embu, São Paulo, 1987.

YEAR 7 20 SEMESTER 99 lhe feminists shows that it is impossible to National Council for Women's Rights, have a dialogue when one side bases its reported on this controversy: authority on religious dogma. "There was also polarization over the II was also clearthat particularly with regard defense of decriminalization of abortion. to issues involving sexuality, the Catholic On lhe one hand, lhe feminists were in Church in Brazil has the power to influence favor of decriminalization of abortion ar at and even determine lhe government's least not including articles that penalized it position. However, this influence is not under lhe Constitution. On the other hand exertedwithout contradictions or opposing there were lhe conservatives, not lhe least forces. of whom were lhe religious groups. lhe first Proof of this was the 1986 edition of the report of lhe Sub-Committee on Individual Program for Integral Health Care for Women Rights and Guarantees included lhe (PAISM), which included activities related following explicit reference: '...directly to contraceptive orientation and services. voluntary abortion is a crime.' This later Another example, albeit still not written into became ... lhe , from conception the legislation, is lhe penal code review. In until death. This same wording also 1987, Minister of Justice Paulo Brossard appeared in the sub-committeeson health authorized publication of lhe prelimary bill and family... for lhe penal code in lhe Diário Oficial "There was a great deal of controversy in (official government record), including a lhe Sub-Committee on Family. The Church's special part written up in 1983 by a specially representatives showed an extremely designated commission. In the chapter on biased, made-to-order film called lhe Silenf crimes against life, specifically abortion, Cry2, which led to discussion over good the preliminary bill broadened lhe criteria and evil... for legal abortion to include "cases where "We warned even the more conservative lhe fetus presents serious and irreversible members of lhe Constitutional Congress physical or mental defects".38 According about what a tremendous step backward to this proposed change, Article 128 would this article could mean in lhe penal code, thus include cases of so-called "merciful which since 1940 had provided for abortion abortion". in two different situations...." In 1987, in lhe early stages of discussion on Nilce Gomes de Souza also reported that in lhe elaboration of lhe new Federal lhe Committee on Men and Women there Constitution, women's groups began to was wording favorable to lhe legalization articulate nationwide to set a strategy for of abortion: "A person only acquires lhe approaching members of lhe Constitutional condition of a subject with rights through Congress on lhe issue of abortion rights. At live birth," and "...intra-uterine life, first, lhe feminists intended for lhe right to inseparable from lhe body that conceived abortion to be declared in the new it, is lhe responsability of lhe woman...." In Constitution. In opposition to this proposal, evaluating lhe work by lhe Sub-Committee lhe Catholic Church and Evangelical on Family, it stresses that "...there was a Congressmen intended for abortion to be strong presence by Catholic religious declared a crime. organizations (through lhe National Council Nilce Gomes de Souza", who followed of Brazilian Bishops) as well as Evangelical women's issues in lhe Constitutional ones. In addition, there were representatives Congress process as a staff member of lhe from government agencies and women's movements .... lhe discussions were characterized by lhe ideological and "See DOTTI, René Anel. Código Penal. Rio de Janei- ro: Editora Forense, 1989. " GOMES, Nilce. E Assim se Falou da Mulher nos "This film received wide coverage by the country's Bastidores da Constituinte. In Revista Impressões, n° main television networks and mainstream newspapers 1, Rio de Janeiro, undated. and magazines.

ESTUDOS FEMINISTAS 21 S.l./99 political tone of the various conceptions of in force, under article 196, determines that protection of life, and abortion was once health is lhe right of ali and lhe duty of lhe again the most controversial theme in this state. sub-commiffee." 3.Voluntary abortionshould be performed During this square-off, the feminists took a by lhe public health services system at lhe stand of struggling for abortion not to be Federal, State, and municipal leveis. included in lhe text of lhe Constitution, 4. A bill should be written up including lhe preferring to postpone its legalization until following principies: lhe penal code was reviewed. lhe feminist a. Women have lhe right to interrupt lobby, organized by lhe National Council pregnancy. for Women's Rights and autonomousgroups b. The state is responsible for integral health from ali over lhe country, succeeded in core for women in lhe public system, changing lhe wording proposed by lhe considering their right to conceive, avoid religious groups for article 5 of lhe conception, and interrupt pregnancy. Constitution, which defended "lhe inviolabitity c. September 28 is to be considered National of lhe right to life beginning atconception". Day forthe Struggle to Decriminalize Abortion." lhe final wording of this article as it was The 1980s can be considered both a approved in lhe Constitution merely reads decade of struggle for the right to abortion "the inviolability of the right to life, and a period of intense mobilization by Acting as the official clearinghouse for women with regard to their health and nationwide mobilization of women, lhe reproductive rights in association with other National Council for Women's Rights issues of women' s citizenship. lhe movement organized a conference entitled Women' s defended women's autonomy and health Health: A Right to be Conquered, held in under lhe slogan "Our Bodies Belong to Us" lhe wings of Congress in Brasília in 1989. lhe and made lhe abortion issue a political meeting 's agenda included issues such as one which sparked both support and maternal morbidity and mortality, health opposition, but which no one could ignore. core at parturition, cesarians, contraception, Pressure from religioussectorswas constant sterilization, and abortion. - sometimes discreet, In lhe back wings of Abortion was dealt with in a specific panei, politics, sometimes more ostensive, through including perspectives on ethics, policy, intense marketting strategies in the legislation, and medicine. Nationally mainstream press or powerful lobbying of reknowned physicians such as José members of Congress and sectors of Aristodemo Pinotti and Thomaz Gollop government in general. However, what was expressed their opinions in favor of abortion most noteworthy about lhe feminists in the and lhe need for a broad-based debate abortion rights struggle was their ability to on lhe issue. Two Congressmen, José carry forth with this solitary struggle. They Genoino (PT, São Paulo) and Luiz Alfredo alone radically sparked lhe public debate Salomão (PDT, Rio) carne out with two bilis with undeniable persistence. In fact, they in favor of the right to abortion. had very few allies. lhe Reginal Medical lhe National Council for Women's Rights Councils (with some exceptions), lhe Fede- wrote up a publication and a Carta das ral Council of lhe Brazilian Bar Association, Mulheres em Defesa de seu Direito à Saú- trade union locais and conferations, and de (Women's Charter in Defense of lhe lhe progressive intelligentsia were at best Right to Health), which refers specifically to indifferent to lhe feminist struggle and at abortion as follows: worst contrary to it. "1. Voiuntaryabortionshould be considered lhe Brazilian Congress did not pass any of a women's health issue. lhe bilis that were submilled on abortion, 2. Ali articles of lhe penal code defining inspite of lhe strong political constituency abortion as a crime should be immediately of Representatives Cristina Tavares, José revoked, considering that lhe Constitution Genoino, and Luiz Alfredo Salomão.

YEAR 7 22 1" SEMESTER 99 Feminists in Brazil had found olhes and in the absence ata corresponding Federal achieved legal victories on lhe issues of norm. With regard to lhe kinds of abortion labor, civil rights, health core, and even provided for under law, it was thus possible denouncement of violence in lhe home, for some city councils to regulate article but lhe struggle for aboffion rights ran up 128, ensuring women lhe right to have such against moralism, tear of lhe Church, and abortions free of cost in lhe public health lhe priests' habits. core system. The feminist groups' strategy for continuing The feminists' tactics of working legislatively lhe nationai debate on abortion identified in the States and municipalities allowed for some targets: to insist on support for lhe creation of a liberal regulation of cases liberalizing projects in the National provided for under Article 128. However, Congress, to bring influence to bear on lhe following lhe national meeting Women's elaboration of State constitutions in 1989 Health: A Right to Be Conquered, held in and lhe municipal common legislation in Brasília In 1989 at lhe initiative of lhe National 1990, and lhe proposal for review of the Council for Women's Rights, lhe abortion penal code. This strategy of dialogue with issue lost iIs priority among women 's groups. lhe various legislatures led to partial gains, Even lhe push for lhe implementation of but it also took lhe bife out of lhe public lhe Program for Integral Health Core for debate with other sectors of society. Women failed to find greater support among women's groups. The Abortion lssue in the 1990s: impasses lhe big issue in terms of women's health in and prospects lhe early 1990swas that of masssterilization. lhe women's pro-abortion rights movement lnspite of lhe truly alarming figures on lhe carried out several activities in the early magnitude of mass sterilization, it is often 1990s. These included lobbying various city still a discussion marked by positions that councils, particularly in capital cities, to contribute little towards clarification of lhe force municipal legislation to include issue. While statistics indicate excessively medicai core by lhe public health system high rates of sterilization of women, lhe causes in types of abortion allowed by law. This of this phenomenon need to be fully passed in many cities without lhe kind of analyzed. One cannot attribute this high resistance that the Catholic Church raised incidence simply to fraud against women against Act no. 832/85 in Rio de Janeiro. ar international adjustment policy norms. There was thus a certain ease in formally It is necessary to identify and analyze other approving lhe right to medicai core for factors that lead women to seek this legal approved abortions in the public irreversible method: the non-implementation health core system both at lhe State and of lhe Program for Integral Health Core for municipal levei in various parts of lhe Women, which would have allowed women country, mainlywherethefeminist movement access to non-irreversible contraceptive had participated in lhe legislative process. methods; socio-economic difficulties These gainswere also made possible under experienced by women in motherhood; the principie that municipal and State norms social penalization of mothers in lhe labor can widen lhe scope of legislation as long market with a double work day; lack as they do notcontradict Federal legislation daycare centers and other social facilities and providing that the Federal Constitution to help mothers raise children decently; allows lhe local legisiature to legislate on new standards imposed by lhe media ar lhe matter. desired bywomen; instability in relationships Thus, lhe Brazilian penal code cannot be due to a decrease in moralism as to contradicted by State or municipal laws, multiplicity of partners; differentiated because penal jurisdiction in Brazil belongs survivalstrategies and life projects; difficulty to lhe National Congress. States and in encountering cooperation from meie municipalities can only legislate on an issue partners on lhe issue of contraception;

ESTUDOS FEMINISTAS 23 S.1199 messages from the feminist movement that revalue feminine nature, natural pro- encouraging women to take on new social cesses, and human ecology. This trend, in roles in public areas; and a number of other turn, hes points in common with lhe factors that need to be studied in order to resurgence of Eastern and Western understand the phenomenon of sterilization fundamentalism. of women in Brazil. On the one hand, such issues bolster the What is certain is that lhe women's need for a public debate on lhe ethics of movement has no longer devoted its time science, lhe power of physicians in modern to investigating and denouncing lhe society, and women's stances toward pro- situation of clandestine abortion in Brazil or cesses that ultimately affect their own to following legislative bilis or organizing bodies. lobbies to this end in Congress or in society On lhe other, they can lead to retrocession as a whole. in relation to lhe importance of ethical This apparent wearing down ar change of scientific progress and lhe independence priority struggles in lhe women's movement women have achieved in terms of not deserves a closer reading. being subordinated to unavoidable Some women's groups have raised biologicalfate both in terms of conception proposals to criminalize sterilization, even and lhe situation of infertility. in cases of tubal ligations performed with lhe Catholic Church's power in lhe abortion the patient's consent. issue has neither decreased nor increased. This position is highly problematic with There is no doubt that in specific situations, regard to lhe demand for lhe right to like during lhe Pope's visit to Brazil, rejection abortion. If sterilization with lhe woman's of abortion has surfaced again, stronger consent is criminalized, it will imply lhe than ever. However, there is also indication permanent criminalization of abortion. that some lay and clerical Catholic groups What is behind the right to abortion is a have been discussing lhe abortion issue political and philosophical question - a inside the Church from a non-dogmatic citizen's ar individuais right to autonomy perspective, attempting to reflect on over her own body. In lhe name of this right, women's living conditions and taking an there is no punishment for either attempted open stance in favor of legalization. The suicide or hunger strikes, which are even Catholic Church has undeniable power in respected by lhe Medicai Code of Ethics. a state that does not assume its own Many jurists invoke this right to defend non- laicization. In this sense, while lhe hearts incrimination for drug abusers. These are and minds of lhe messes, particularly of lhe controversial issues that must be taken into poor strata of society, are no longer consideration. monopolized byCatholicism(seetheintense In this sense, crimination of sterilization proliferation of Evangelical denominations performed with lhe woman's consentis a in Brazil), lhe state's major religious rejection of this principie of autonomy of interlocutor is still lhe Catholic Church. will and implies maintaining lhe crimination 11- is also important to point out that during of abortion in ali cases except perhaps when lhe course of lhe struggle for abortion rights, there is risk to lhe pregnant woman's lite. women have lost an important channel for In addition, lhe difficulty in moving forward national articulation, lhe National Council with lhe abortion issue in general and for Women's Rights. While it still exists particularly with that of voluntary abortion formally, lhe Council ceased to exist de based on fetal genetic defects has been facto in 1989, when lhe Federal government aggravated by criticism by segments of emptied and dismantled it. This was a lhe women 's movement towards new terrible blow, since for the first time in Brazirs reproductive technologies. The tendency history lhe women's movement had had a to question parameters of scientific representative agency at lhe Federal development also converges with positions government levei, a direct representation

YEAR 7 24 1 SEMESTER 99 that allowed forthe articulation of networks, What is needed now In lhe early 1990s is a communications, and national alliances. regathering of forces in favor of lhe right to In a society dominated by lhe media, the abortion based on lhe following points that absence of channels for shaping public emerged from lhe discussion in the 1980s: opinion has also been a major problem for a. defense of individual autonomy over lhe women's movement in submitting its one's body; claims. While the media has sometimes b. concern with women 's health; been sympathetic to women's causes, c. concern with poor women who are access to the mainstream press, particularly victims of clandestine abortion; the television networks, is still limited and d. extension and democratization of intermittent. scientific progress indetecting fetal genetic Perception of this state of disheartenment defects; with the abortion issue hos led some e. laicization of both lhe discussion and the women's groups to once again promote state. internai discussions and public debate on proposals for legalization. This articulation should converge towards Such initiatives do not go unanswered. The lhe elaboration of consensual strategies mainstream press opens its pages to well- and tactics to deal with the right to abortion known national figures to criticize such as a political demand. lts underpinnings liberalizing proposals, along with lhe would thus be lhe perception that this traditional articles signed by members of citizens' demand is raised within the context lhe Catholic hierarchy. Great emphasis is of a society that is moralistic, authoritarian, placed on surveys that indicate rejection and discriminatory towards women. of abortion by society.

ESTUDOS FEMINISTAS 25 S.1199