Revised Penal Code Book 1 By Reyes Free 19
the december 29, 2015, signing of the new penal code did not change the legal obligation of the state to protect the life of the mother and the child. however, it did make it a crime to abort a pregnancy if the woman is not in danger of death and her life is not in danger.
revised penal code book 1 by reyes free 19
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in this revised penal code, any abortion will be made a crime only in certain circumstances: the woman's life is in danger (article 273);
the fetus is not viable (articles 274, 275), and
the pregnancy was the result of rape, incest, or sexual violence (article 277).
this law also stipulates that these offenses may be punished with prison sentences of up to two years. the penal code will not criminalize having an abortion because of fetal abnormalities or genetic disorders, or when the woman's mental health is in question.
the decree also raises the age of consent from 14 to 16 years of age. this is based on the argument that adolescent girls are "extremely" vulnerable, and therefore lack the capacity to decide, and that the struggle for sexual rights is a "great" challenge. the application of this revised penal code will require the approval of another decree, and will take effect only if approved by law.
president jair bolsonaro signed the proposed penal code in august 2019, and after a debate in the chamber of deputies, it passed on august 18, 2019, with 44 votes in favor and 26 against. it now awaits approval by the senate.
after the promulgation of the penal code, in the week of september 9, 2019, the supreme court ruled that the law was constitutional, but it could not be applied retroactively. in addition, the supreme court ordered a change in the procedure for making abortion-related prosecutions.