CNJ investigates conduct of SC judge who prevented 11-year-old girl raped in SC from having an abortion | Santa Catarina

The procedure, called Investigation of Disciplinary Infraction, is carried out by the National Justice Department and was introduced this Monday (20). At the end of the morning of this Tuesday, the Justice authorized the child to return to the mother’s house. The girl is just over six months pregnant.

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rape victim, the girl discovered that she is in her 22nd week of pregnancy when she was taken to a hospital for Florianopolis, where the procedure to terminate the pregnancy was denied. After the case ended up in court, the decision and excerpts from the hearing on the case where the victim, her mother, the judge and a prosecutor appear, were revealed in a report by Portal Catarinas and The Intercept.

wanted by g1 SCa magistrate informed that she will not “manifest herself on excerpts from the aforementioned hearing, which were leaked in a criminal way”.

In note, the judge also said that “it would be extremely important that this case continues to be handled by the appropriate bodythat is, for Justice, with all the responsibility and ethics that the situation requires and with due protection to all its rights and constitutional guarantees” (read the full note below).

In the preliminary investigation, the Corregedoria informed that it will evaluate the existing evidence, in order to establish whether there was a disciplinary infraction.”

Thus, the Internal Affairs Department clarifies that it cannot comment on the facts, pursuant to art. 36, item III, of LOMAN, which so provides.

What does the judge’s decision say?

In addition to the hearing, the report also cites the decision of Judge Joana Ribeiro who, in an order, said that the referral to the shelter, initially made at the request of the Childhood Court to protect the child from the aggressor, now aimed to prevent abortion. It is suspected that the sexual violence took place at home.

The judge stated that the girl’s mother said in court that she wanted the best for her daughter but considered that, if the young woman had not been welcomed in a shelter, she would have had the abortion procedure forced by her mother.

“Unlike protecting the daughter, I would submit her to a homicide”, Joana compared in the decision.

In a hearing on May 9, Justice and the Prosecutor’s Office proposed keeping the pregnancy for “one or two more weeks”, to increase the survival of the fetus. “Could you bear to stay a little longer?” asked the judge to the girl.

On Monday, the Brazilian Bar Association (OAB) of Santa Catarina said it would work to ensure child protection. The entity also said that it sees the situation with concern and will monitor the process so that the victim receives full support: “Including the return to family life and all the necessary health care”, he said.

The lawyer for the child’s family, Daniela Felix, highlighted that there is already a court decision authorizing the termination of the girl’s pregnancy. However, the fact that the child is inside a shelter in Florianópolis prevents the decision from being carried out.

the defender awaiting the decision of an appeal against decisions taken by the judge for the girl to come home.

“We don’t know, we don’t understand her reasoning [juíza]. She continues to deny the child’s homelessness and the child’s return to the home, because it is to express the family’s intention to make the interruption process”, said Felix.

The girl suffered violence at the age of 10. The Guardianship Council of the city where she lived when she was raped called the Public Ministry of Santa Catarina (MPSC).

Coordinator of the Gynecology and Obstetrics sector at Hospital Santo Antônio, in Blumenau, in Vale do Itajaí, doctor Daniela Lemos Mezzomo explains that, according to the Penal Code, in cases of rape, risk of maternal life or fetal malformation incompatible with life, there is no gestational age limit.

wanted by g1, the agency said it had filed a request for the child to be taken to a temporary shelter. Furthermore, it reported that “manifested itself for the authorization of carrying out the termination of pregnancy in an early manner”.

However, the “fulfillment depends on a decision based solely and exclusively on medical criteria, in order to preserve the life of the child and the fetus”.

Full text of the judge’s note:

“On the case raised by Portal Catarinas, Judge Joana Ribeiro informs that she will not comment on excerpts from the aforementioned hearing, which were leaked in a criminal way. ensure adequate comprehensive protection for the child.

With the judgment of the STF for not recognizing the right to be forgotten, any manifestation on the subject to the press could impact even more and forever the life of a child. For this reason, it would be extremely important that this case continues to be dealt with by the appropriate instance, that is, by Justice, with all the responsibility and ethics that the situation requires and with due protection to all its rights and constitutional guarantees”.

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