While many people around the globe are trying to revert the tragic effects of abortionist laws and decisions, Brazilian judges are going to the opposite direction. After ruling about the same-sex marriage (even when the Constitution clearly declares that marriage is a union between a man and a woman), the most recent decision released this Tuesday by Brazil’s Supreme Court defends the right to abortion in the first three months of pregnancy.

Despite the fact that more than 70% of Brazilians are against abortion, the judges ignored the opinion of the population  and decided to expand its powers to judge not according to the Constitution or the Criminal Law, but to their own personal agendas.

The Constitution of Brazil, in its article 5, establishes that:

All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property.

The Criminal Code of Brazil classifies abortion as a “crime against human life” and it is listed under the same categories as crimes such as homicide, manslaughter, and murder. Criminal penalties generally consist of imprisonment up to 4 years. Abortion is only allowed in very specific situations like in cases of rape and if the mother’s life is at risk.

The decision concerns a specific case around employees of a clandestine abortion clinic in Rio’s metropolitan area. The objective of the case was to discuss the legitimacy of the jail sentences of the staff caught “red handed” working at the facility, but the judges took advantage of the case to express their personal opinions.

The court, instead of strictly analyzing the sentences of the five accused, decided to overturn them on the basis that there were no legal requirements to send them to prison AND broadened the issue to set a precedent for decriminalizing abortion in the first trimester of pregnancy, arguing that a complete ban violates the women’s reproductive rights. Judge Luis Roberto Barroso declared that women carry the full burden of reproduction, so “there will be full equality only if she is recognized as having the right to decide.”

Although the decision brings impacts only for the parties involved in the case, it provides a strong and important precedent in future cases. The Supreme Court of Brazil is about to judge the right of abortion in cases of Zika Virus and microcephaly, then the decision could be understood as a clear message of the judges’ position.

I could write the same thing Justice Byron White wrote about the Roe v. Wade decision:

In my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.

The decision does not only invade the competence of the Legislative branch to decide controversial questions but also violates the Brazilian laws and international treaties that Brazil signed, as the InterAmerican Convention of Human Rights, that expressly states the right to life since conception.

However, there is hope! We can do something to save our babies and defend life in Brazil and around the globe! You can find the vote clicking here and you can help spreading the news over international media and pressing Brazilian judges and Congressmen to move forward the defense of law and life. Thank you for your efforts and time!