Abortion: Achievements and Challenges
Summary: Article 128 of the Brazilian Penal Code provides for two exclusive wrongfulness of the crime of abortion: when there is no other means able to save the woman’s life or when pregnancy results from rape. A third situation, while not provided for in the Penal Code refers to the termination of pregnancy due to some types of fetal anomalies, for example, anencephaly, which has been done through authorizers court permits. The argument used for granting the application of abortion in such cases is usually the unfeasibility of extra-uterine life and the preservation of mental health of the pregnant woman. From the recognition of adolescents as subjects of rights and legislative provisions of the fundamental rights of adolescents, such as the legal system faces the issue of abortion in adolescence? What is the legal support given teenagers who want to terminate the pregnancy in cases where the law allows this option?