Liminar atendeu pedido da ex-ministra e senadora Damares Alves
Por Letycia Bond – Repórter da Agência Brasil
O Tribunal Regional Federal 1 (TRF1) concedeu liminar que suspende a resolução com diretrizes quanto ao atendimento a menores de idade vítimas de violência sexual em casos de aborto previsto em lei. A resolução havia sido proposta pelo Conselho Nacional dos Direitos da Criança e do Adolescente (Conanda).
Anunciada nesta terça-feira (24), a decisão foi do juiz Leonardo Tocchetto Pauperio, que acolheu a argumentação da ex-ministra e senadora Damares Alves (Republicanos-DF).
A resolução foi aprovada nesta segunda-feira (23), por 15 votos a 13, estes últimos de autoridades do governo federal. Os votos favoráveis foram de representantes de entidades da sociedade civil que compõem o órgão, presidido pelo Ministério dos Direitos Humanos e da Cidadania (MDHC).
Damares Alves afirmou que a resolução aprovada não definiu o limite de tempo gestacional para realização do aborto legal e que o Conanda estabeleceu que a vontade da criança ou adolescente gestante deveria prevalecer sobre a de seus pais ou responsáveis legais, quando não concordasse com eles. Para Damares, isso provocaria “relevante clamor social”.
Assumidamente conservadora e pró-vida, a ex-titular do Ministério das Mulheres, da Família e dos Direitos Humanos também mencionou os pedidos de vistas e de adiamento das discussões dentro do Conanda para justificar a derrubada da resolução. O magistrado Tocchetto Pauperio escreveu, em resposta ao pedido de Damares, que “o pedido de vistas é um direito ao mesmo tempo que um dever, pois refere-se diretamente à aplicação de política pública de grande relevância social”, como é o caso do aborto legal de menores de idade.
O juiz ponderou, ainda, que o Conanda deixou de seguir as regras do processo legal administrativo e agiu de encontro “à legalidade e à segurança jurídica que devem ser inerentes aos atos da Administração”. Tocchetto Pauperio classificou a resolução como ilegal e acrescentou que sua decisão tem por objetivo evitar que fosse publicada no Diário Oficial da União até que haja desfecho sobre a questão central.
“Dessa forma, não entendo razoável colocar em risco uma infinidade de menores gestantes vítimas de violência sexual, mormente nessa época do ano, sem que haja a ampla deliberação de tão relevante política pública que, reforço, foi aparentemente tolhida com a negativa do pedido de vistas pelo Conselheiro representante da Casa Civil da Presidência da República”, sublinha o magistrado.
Agora, com a liminar, o Conanda tem até dez dias para prestar informações, conforme destacado no despacho que detalha a concessão da medida.
Damares Alves protagonizou, em 2020, um dos episódios relacionados a aborto legal que mais repercutiram em todo o país. Enquanto ministra, ela mobilizou apoiadores seus e de Jair Bolsonaro a fazerem protestos em frente ao hospital onde uma menina de 10 anos faria um aborto legal, após engravidar de seu estuprador, um tio seu. A criança havia sofrido uma série de violações desde os 6 anos de idade.
Outro lado
A conselheira do Conanda Deila Martins, que faz parte da mesa diretora, afirma que o juiz responsável pela decisão diz que a resolução coloca as vítimas em risco. “Para nós, o que as coloca em risco é, com a suspensão da resolução, serem privadas de um atendimento e de terem seus direitos respeitados e obrigá-las a parir e se aliar a uma direita fundamentalista para impedir os direitos de quem já sofreu com violência sexual”, acrescenta.
Em postagem que circula nas redes sociais e em documento encaminhado à imprensa, as entidades integrantes do Conanda defendem que a aprovação aconteceu de modo democrático e que não se deve desprezar o que é deliberado de maneira coletiva, com a participação social. O principal ponto frisado é que “a resolução não inova o direito ao aborto legal, previsto no Código Penal desde 1940, apenas detalha o fluxo para garantir os direitos das crianças e adolescentes, protegendo-as da violência e violação de direitos”. A legislação brasileira assegura esse direito em três casos: quando a gravidez representa risco à mãe ou foi fruto de um estupro e em casos de anencefalia do feto.
As organizações se dizem “indignadas”, sobretudo por se tratar de um período de retomada da cultura democrática. Segundo os representantes da sociedade civil, o teor da resolução tem sido debatido desde setembro deste ano, em inúmeras reuniões, às quais compareceram especialistas, além dos conselheiros, e que houve, inclusive, uma comissão específica para coordenar esse trabalho.
Uma reação bastante vista na internet foi a de subir hashtags como “#estupradornãoépai e #criançanãoémãe”, além da disseminação de opiniões que apontam ser contraditório colocar crianças e adolescentes como incapazes de optar por fazer o procedimento abortivo legal e, ao mesmo tempo, considerá-las prontas para encarar os processos de gestação, maternidade e, eventualmente, entrega de seu filho ou filha à adoção.
Estatística
No Brasil, a maioria (67%) dos 69.418 estupros cometidos entre 2015 e 2019 tiveram como vítimas meninas com idade entre 10 e 14 anos. Por ano, 11.607 partos são consequência de violência sexual praticada contra meninas menores de 14 anos de idade.
Foto: © Agência Brasil/ Marcello Casal Jr./Arquivo
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