The Court, in a preliminary decision, ordered the city of São Paulo to pay a fine of R$ 24.8 million for not presenting alternatives to the legal abortion service. in pregnancies over 22 weeks in the municipality. The service was provided by Hospital Vila Nova Cachoeirinha, but was closed.
Magistrate Simone Casoretti considered that the municipality failed to guarantee care and offer alternatives to rape victims for a period of 497 daysbetween 01/22/2024 and 06/02/2025. The judge also cites 15 cases of untreated women, presented by the Public Defender’s Office, and the lack of referral to other health units.
For the judge, there was “repeated institutional disobedience with clear disregard for fundamental rights such as the health and dignity of women victims of sexual violence.”
“The value of the daily fine is compatible with the seriousness of the situation, its purpose is to guarantee the effectiveness of the jurisdiction and the protection of fundamental rights”, says the judge, in the decision.
The amount of the fine goes to the State Fund for the Rights of Children and Adolescents (FEDCA), which will be used in specific projects aimed at children and adolescents who are victims of rape and guaranteeing access to legal abortion.
In a note sent to TV Brasilthe city hall said it will appeal the decision as soon as it is subpoenaed and “understands that technical decisions made by doctors and health professionals must prevail over ideological issues”. “The Municipal Health Department reiterates that legal abortion care is provided in the city in four municipal hospitals: Cármino Caricchio (Tatuapé), Fernando Mauro Pires da Rocha (Campo Limpo), Tide Setúbal (São Miguel Paulista) and Mário Degni (Jardim Sarah)”.
* With information from TV Brasil
