The Aboetion Issue in Brazil: a Study of the Debate in Congress
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The Abortion Issue in Brazil: alongside participation in lhe debate by a variety of extraparliamentary political and a study of the debate in Con- social groups. I referring to the Roman gress' Catholic Church, segments of the medicai profession, the women's movement and MARIA ISABEL BALTAR DA ROCHA evangelicals, in the chronological order of their entry into lhe controversy. Translation by CHRISTOPHER PETERSON My concern with the abortion question has always been motivated on the one hand by the gravity of lhe problem of abortion in A bill was brought before the Brazilian Brazil and a social commitment to tackling Congress in March 1995 to amena the it, and on the other by the dynamism of Constitution so as to prohibit induced political debate about lhe issue and my abortion under any circumstances. If interest in investigating it in depth. I set out passed, this bil1 would have led to the to study the political process, the related immediate suppression of the only legal parliamentary decision-making process, provisions that currently allow abortion: two the involvement of lhe Executive branch items in the Penal Code providing for legal and, above all, the activities of political abortion when the life of the pregnant and social interest groups involved in lhe woman is at risk ar when the pregnancy is abortion debate. the outcome of rape. Furthermore, banning Before detailing the methodology and abortion in the Constitution itself would results of this investigation to date, however, have hindered a democratic debate on this paper presents a brief description of this grave problem. lhe reproductive health situation in Brazil, In April 1996, the above-mentioned focusing on fertility regulation as the context proposed amendment to lhe Constitution for any appraisal of a bortion. As an was voted down by a wide margin in the introduction to this description, I shall first Chamber of Deputies, as discussed further outline some key demographic data and on in this paper. However, the mere fact lhe main factors determining them. that it was submitted at all, not to mention the controversy it generated, reflects a Some introductory information longstanding debate in Brazilian society on In 1991, Brazil had a population of an issue considered divisive. Above ali, it 146,825,475 inhabitants according to lhe reflects political discussions in Congress Demographic Census conducted that since lhe end of the 1940s, and still more year. Women accounted for 50.6 per cent intensely in the 1980s and early 1990s. of the total and men for 49.4 per cent; 75.6 per cent of Brazilians lived in towns and 24.4 ' Paper presented in the seminar Socio-Cultural and per cent in the countryside. In the 1980s the Political Aspects of Abortion from an Anthropological Perspective. organized by the International Union mean annual rate of population increase for the Scientific Study of Population (IUSSP). was 1.9 per cent, continuing the tendency Trivandrum, lndia, March 1996. Portuguese version for population growth to slow down since revised and updated in September 1996. the 1960s. The annual rate of increase was ESTUDOS FEMINISTAS 55 S.I /99 about 3 per cent in the 1950s, slipping to 2.9 ali stages of their Iife cycle. This was PAISM per cent in the 1960s and to 2.5 per cent in (Programme of Integral Health Care for the 1970s. Contributing to the deceleration Women), subordinated to the Health was a sharp drop in the total fertility rate, Ministry. ff included reproductive health which was some 2.7 children per woman in care and family planning but did not have the 1980s, down from 4.4 in the 1970s, 5.6 in demographic objectives. 4 Later on, the the 1960s and 6.3 in the 1950s, showing an issue of fertility regulation was included, overall reduction of more than 50 per cent without birth control purposes, in lhe new In the period.2 federal Constitution enacted in 1988. Here This decline in fertility took place alongside family planning is defined asa right of married deep-seated changes in Brazilian society couples for which the state must provide. in the second half of the 20th century, lhe Constitution also prohibits coercion by relating to the consolidation of Brazil's public or private entities in this sphere. A specific form of industrial capitalism. In a private member's bill is now before Congress review of the theoretical debate about the to implement this constitutional provision issue in Brazil, Faria analyzes the role of the through ordinary legislation. lhe bill reiterates 'state as a mediator between the structural the above points while adding new items and proximate determinants of fertility. He that reinforce the distinction between full particularly emphasizes the unexpected health core including family planning and effectsof non-demographic governmental population policy relating to fertility. policies: However, for a firmer grasp of the "The recent decline in fertility in Brazil is due reproductive health situation in Brazil, to a complex set of processes associated particularly concerning fertility policy, three with the pattern of development of the further points must be highlighted. First, productive forces (development with fertility regulation in Brazil has historically accelerating urbanization, proletarianization been a sphere in which the private sector and social exclusion) and the unanticipated has been active, with greater or lesser consequences of government policy in intensity, through family planning and birth telecommunications, consumer credit, so- centrei organizations, mainly funded from cial security and health care, ali strategic abroad. Second, progressive segments of dimensions of the process of change, for the societyhave historicallytaken a criticai stance reproductive behaviour of the structured on birth centrei policies and the activities totality which is Brazilian society".3 of these private bodies; such segments, These remarks bring us to the second item especially lhe women 's movement, acted in this introduction, which isthe reproductive as the motive force leading to formulation health situation in Brazil, especially the status of the PAISM programme. And lastly, this of fertility regulation. lhe first point of programme hasfaced major implementation revelance is social policy in this area, which problems since its inception.5 relates to the previous paragraph. In connection with lhe above points, and Consistently with the above quotation, it as part of an overall process of public can be said that Brazil has never had an explicit population policy relating to fertility. ^ROCHA, M.I.B.. População. Reprodução e Saúde: In 1983 the government introduced a policy anotações sobre a questão de uma política social. relating to human reproduction, but it took Revista Brasileira de Estudos de População. Campi- the form of a health programme focusing nas, vol. 5, n° 2, p. 21-33, July-Dec. 1988. on integrated health careforwomen during 'ROCHA, M.I.B.. Política Demográfica e Parlamen- to: debates e decisões sobre o controle da natali- dade. Campinas: Núcleo de Estudos da Popula- , FIBGE. População. Home Page IBGE, 1996. ção, 1993. (Textos NEPO 25). COSTA, A.M.. PAISM: 'FAMA, V. Políticas de Governo e Regulação de uma política de assistência integral à mulher a ser Fecundidade. Conseqüências não antecipadas e resgatada. São Paulo: Comissão de Cidadania e efeitos perversos. São Paulo, 1988. Mimeograph. Reprodução (Cadernos CCR 1), 1992. YEAR 7 56 SEMESTER 99 spending cuts, particularly in the area of I now return to lhe specific topic of abortion social policy, it must be stressed that the and conclude these introductory remarks. field of reproductive health, and within it lhe numberof abortions in Brazil is estimated lhe part relating to fertility regulation, is to have totalled 1,443,350 in 1991, or about highly problematic in Brazil. 44 per cent of live births. 9 This high number A nationwide survey conducted in 19866, of abortions coexists with a legislation showed that some 70 per cent of formally making a bortion iIlegal, with the two or informally married women aged 15 to 54 exceptions mentioned above, and with an used contraceptives of some kind. Surgical intense debate on the subject in Congress sterilization and lhe pill were by far the most and throughout society. It is to lhe debate prevalent methods used, with 44.4 per cent In the legislative sphere that we now turn. and 41.0 per cent respectively. The practice of surgical sterilization, a virtually irreversible Methodology method, is widespread in Brazil and has lhe period analyzed ranges from the start taken on a genuinely cultural nature, as of such discussions in Congress from the shown in studies by Berquó. Attention has 1946 legislature until the present day, but also been drawn to the excessive use of with greater emphasis on recent debates. caesarean sections, accounting for some Both the research project and the political 34 per cent of ali deliveries in 1990. debate on which it focuses are still in Depending on the state, however, the progress. However, forthe present purposes proportion of caesarean sections exceeds shall restrict my comments to the period 50 per cent.These operations are frequently including lhe legislature which adjourned performed without medicai prescription, in February 1995. usuallyforthe purpose of sterilization.' Lastly, endeavoured to detect not only the and very importantly, there is a strikingly emergence of the issue but also its evolution high rate of maternal mortality, around in the Chamber of Deputies and Senate, 118.6 per 100,000 live births for 1992, lhe Brazil's lower and upper houses, during lhe most recent datum available. In this long period just defined. It is important to context, abortions account for about 12% stress that the section of lhe Penal Code of maternal deaths; induced abortions containing lhe provisions on abortion to specifically account for some 7.9%.8 which I referred at the outset was enacted in 1940 under theEstado Novodictatorship, after President Getúlio Vargas had closed 6 FIBGE.