The 11-year-old pregnant after rape, who was denied a legal abortion by Judge Joana Ribeiro Zimmer in Santa Catarina, received authorization from the court to return home. The decision, delivered by the judge Cláudia Lambert de Faria this Tuesday, 21, came the day after the publication of the report on the case by the intercept and through Portal Catarinas – and after the girl spent more than 40 days in a shelter so that she would not have access to an abortion.
Faria responds to an appeal by the child’s family’s lawyer, who had her preliminary injunction initially denied on June 3. Now, according to the judge, the “persistence of the institutional reception protection measure” is unnecessary.
“Aiming at the well-being of the infant, during this moment she suffered from an unwanted and untimely pregnancy, and considering her manifest desire to be close to her mother, with whom she maintains a strong affective bond, there is no reason to justify, in this case, the maintenance of of institutional reception”, he wrote.
Faria continues: “Thus, with the mother’s company and care, in the comfort of home, the aggravating [criança] will have better psychological conditions to face this very delicate moment in his life”.
In the decision, Faria also emphasizes that whether or not to carry out an abortion is a matter that belongs only to the criminal court – of which neither she nor Joana Ribeiro are a part. “The question of whether or not to terminate a pregnancy is not a matter for this court, because it is a matter for the criminal court, and what has been decided is in force” by judge Mônani Menine Pereira, from Florianópolis.
Although Pereira authorized the abortion on May 12, he himself revoked the decision after a demonstration by the Santa Catarina Public Ministry. Until now, Joana Ribeiro Zimmer’s authorization for early cesarean section remains in force. Therefore, there is no guarantee that the child will obtain the right to an abortion.