The project aimed at overthrowing a resolution of the National Council for the Rights of Children and Adolescents (Conanda), which deals with legal abortion guidelines in children and adolescents victims of sexual violence, is advancing in the House of Representatives. 
This week, the federal deputy Luiz Gastão (PSD-CE), Rapporteur of the Legislative Decree Project (PDL) No. 3/2025issued a favorable opinion by the overthrow of the Resolution No. 258/2024. The text was approved by the Social Security, Social Welfare, Childhood, Adolescence and Family and Justice and Citizenship committees.
In the opinion, Gastão argues that children under 16 have no autonomy to make decisions and, therefore, abortion must be made upon mandatory presentation of a police report or after the victim is permitted to the court.
“The exemption of judicial authorization, in my view, is an affront to the right of access of the unborn to the judiciary,” says the rapporteur, on the opinion.
For Conanda, not even the victim’s parents or legal guardians need to be warned when she is at riskin cases where sexual violence occurred within the family environment.
Another point criticized by Gastão concerns the time limit so that abortion can be done. For him, Conanda fails by not indicating him, which, according to the rapporteur, “in practice, would authorize the abortion In cases where pregnancy is close to 40 weeks. ”
Conanda resolution provides that gestation time should not be an obstacle to prevent abortionwhich must be done without the need for a statement to the Guardianship Council.
Since February, the proposal has not been progressing in the house, being resumed at the end of last month. On the 27th, Deputy Chris Tonietto (PL-RJ), in articulation with other parliamentarians, asked the text to be voted on urgency. If approved, the regime abbreviates the processing, making the proposal direct to plenary vote, without passing the commissions analysis.
In the order addressed to the rapporteur, the Group of deputies argues that Conanda belittles “family power”, presents “inappropriate interpretations of the right to the objection of conscience for the practice of abortion” and gives greater decision -making power to children and adolescents than they have, according to civil legislation. In addition, the conservative wing highlights in the document, in line with other groups called pro-life, that the Council resolution violates the right to life and the physical integrity of the fetus.
Deputies also claim that “abortion should not be right, as the normative act states”, since the Federal Constitution ensures the inviolability of the right to life even to fetuses.
Among PDL authors There are Eduardo Bolsonaro (PL-SP), Bia Kicis (PL-DF) and Chris Tonietto (PL-RJ), as well as Marco Feliciano (PL-SP) and Zé Trovão (PL-SC). There are also parliamentarians from other acronyms, such as MDB, PSD, Avante, União Brazil, Somos and Republicans, presided by Bishop Marcos Pereira, of the Universal Church of the Kingdom of God.
In force
The resolution in force says, for example, that when performing the abortive procedure, health teams should be based on international parameters, such as recommendations of the World Health Organization (WHO) and scientific evidence that ensures that the victim in full security. In its article 33, it also determines that no requirement can “delay, remove or prevent full exercise by the child or adolescent from their fundamental right to health and freedom.”
Conanda is the main organ, at the federal level, in this front and is in the umbrella of the Ministry of Human Rights and Citizenship. Since last year, the issue has caused disagreement among its members. In December, the resolution was approved by most of their counselorsbut representatives of the federal government contrary to the resolution asked for a view of the process. The request for a view was not accepted and the resolution was approved.
In a technical note, sent to Agência Brasil, the child campaign is not a mother points out that the PDL 03/2025 represents a serious setback for childhood protection in Brazil, by removing the only normative that ensures clear and humanized flow of care for raped children.
The campaign also points out that the protocols listed in Conanda’s resolution are already applied in several countries and put the care of the victims as a priority. According to the campaign, in Brazil, between 2018 and 2023, a girl, aged 10 to 19, died a week because of complications in pregnancy.
“WHO points out that complications during pregnancy and childbirth are the second cause of death among 15-19 -year -olds worldwide. Children and adolescents (10-19) are at greater risk of eclampsia, puerperal endometitis and systemic infections than women aged 20 to 24. In addition, adolescents are more likely to have low weight, prematurity and other severe neonatal conditions.” writes in the statement.
The resolution also points out that pregnancy has serious consequences for the future of children and adolescents.
“Socially, early pregnancy limits the educational and social opportunities of young women. Pregnancy in this phase of physiological and psychosocial development is directly associated with school dropout and interruption of life project. While the dropout rate is 5% among children without children, it rises to 47% among those who become early mothers,” he adds.
Violence against girls
Recent survey, from May this year, from the Rondônia Obstetrics Association, found that about 14 thousand girls from 10 to 14 years old had children in Brazil in 2023. In the same year, 154 had access to legal abortion.
Most (67%) of the 69,418 rapes committed between 2015 and 2019 had as victims Girls of this ageas complemes the study Without leaving anyone behind – pregnancy, maternity and sexual violence in adolescencefrom the Center for Data Integration and Knowledge for Health (CIDACS), linked to the Oswaldo Cruz Bahia Foundation (Fiocruz).
Most of the time (62.41%), the perpetrators of the crime were known to the victims.
