Judge denies abortion to girl in SC, and Justice will investigate decision

The TJ-SC (Court of Justice of Santa Catarina) disclosed, by means of a note, that the body’s Internal Affairs Office filed a request for an analysis of the conduct of Judge Joana Ribeiro Zimmer, who induced, in a hearing, an 11-year-old girl rape victim to give up having a legal abortion. The story was revealed, this Monday (20), in a report on the websites The Intercept Brasil and Portal Catarinas.

“The Corregedoria-Geral da Justiça, an organ of this court, has already initiated a request for measures in the administrative sphere for the proper investigation of the facts”, says the TJ-SC in a press release. It also says that the process is under judicial secrecy, “because it involves a minor, a circumstance that prevents its discussion in public” and that there will be no manifestation of the body on the case, in addition to what was said in the statement.

According to the report by The Intercept Brasil, the girl, accompanied by her mother, sought the medical service of the University Hospital Professor Polydoro Ernani de São Thiago, linked to the UFSC (Federal University of Santa Catarina), to have an abortion at 22 weeks and two weeks. days. The hospital’s rules would allow the procedure up to the 20th week of pregnancy and required a court authorization — both rules are not covered by the law.

At the hearing, Zimmer said that abortion after that time “would be a warrant for murder.” She also asked if the girl could “wait a little while” before having an abortion. The rape took place when the victim was ten years old.

The judge’s stance had great repercussions. According to jurists heard by Universa, there is no legal support for the position of the hospital or the judge.

“The Penal Code does not mention a deadline for carrying out a legal abortion in the cases provided for by law. It does not say in weeks. That does not exist. These interpretations are inventions of medical institutions. Any woman who has gone through a rape has that right”, she says. the criminal lawyer Tania Maria de Oliveira, executive coordination of ABJD (Brazilian Association of Jurists for Democracy).

Joana Ribeiro Zimmer is the holder of the Civil Court for the district of Tijucas and specializes in the subject of childhood and adoption. She has published an article on the subject in the book “Estatuto da Criança e do Adolescente: 30 anos, Grandes Temas, Grandes Desafios” (ed. Lumen Juris).

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