SP: Abortion without the woman’s consent represents 32% of complaints

Every month, on average, seven abortion cases reach the Civil Police in São Paulo State. Of this total, the majority are cases of voluntary termination of pregnancy: by the woman herself or by other people at her request. However, 32.1% of records were defined as “abortions performed by third parties without the consent of the pregnant woman.”

As the report found, these reports involve physical assaults and domestic violence, but they also include cases in which women believe the miscarriage was the result of neglect or inadequate medical care.

On the other hand, most crimes are directed against women who choose abortion. Furthermore, overall, 4.29% of episodes involved minors, according to the notices.

The survey was conducted by Capitals Based on data obtained through the Law on Access to Information (LAI), through the Secretariat of Public Security (SSP).

Threats and attacks

“I will end your life, I will kill your child.” Upon hearing those brutal words spoken by her ex-boyfriend, Marcia Aragao, 21, was kicked in the stomach. Then, at gunpoint, the woman was forced to take abortion pills, in September 2023, in the São Paulo metropolitan area.

With the help of family members, the victim went to the hospital, and three days later to the police. Marcia is among the women who have included statistics on abortions that occurred without the pregnant woman’s consent.

Another case of domestic violence that ended in a miscarriage is that of 35-year-old Lais Carvalho. She is four months pregnant, and in March 2023, she was attacked by her husband with punches, kicks, and the TV power cable. The anger led to the loss of the lamb, which was found in a health unit south of São Paulo.

In November, Tatiana Gomez, 24, experienced a similar situation of violence committed by her ex-husband. “If I find out you are with another man, I will kill you,” he said.

Punches to the face and a knock to the ground, followed by kicks and more blows, were the cause of an unwanted miscarriage, which was discovered hours later at an in-state hospital. Tatiana, who is two months pregnant, was only able to reach the emergency room after a friend helped her escape from her attacker.

In addition to the emotional loss, there were obvious injuries to the victim’s body, especially to the mouth, fingers and eyes. At the police station, she asked to take preventive action against her ex-husband.

Penalties for bodily injury range from 3 months to 8 years, depending on the seriousness of the outcome and whether it occurred in the context of domestic violence. Attempted femicide can result in a prison sentence of 6 to 20 years.

*The real names of the victims are preserved in the report.

Decriminalize abortion

From January 2020 to June 2025, about 500 abortion reports were registered in São Paulo State. Of the total, 67.9% are cases caused by the woman herself or at her request. Health professionals and hospital legal teams are among those filing police complaints.

The Brazilian Penal Code provides for a prison sentence of one to three years for a woman who causes herself or consents to someone else having an abortion. The law also criminalizes anyone who performs an abortion with the consent of the pregnant woman, with imprisonment for a period ranging from one to four years.

In Brazil, abortion is currently permitted in three cases: risk to the pregnant woman’s life, pregnancy resulting from rape, and cases of fetal anencephaly.

In the Federal Supreme Court (STF), the decriminalization of abortion is being discussed, following the action taken by the Party of Socialism and Freedom (PSol). The court received two favorable votes: retired ministers Rosa Weber and Luis Roberto Barroso.

Lawyer specializing in human rights and abortion law, Rubia Aps da Cruz, defends the importance of the positive decision in the STF. “In practical terms, it would mean a lot, because it would no longer be a crime and women would have more peace of mind with the real health service, they would die less, they would have less problems with decriminalizing abortion, because women would become desperate and choose any procedure that could cause infection and serious problems.”

“Then, there will be another path, which is implementation, in the sense of having health services that perform abortions, because we know that there are medical objectors and also within nursing who do not want to perform abortions in Brazil, even when abortion is legal; conscientious objection, perhaps for religious reasons,” adds the national coordinator of the Latin American Committee for the Defense of Women’s Rights (CLADIM/Brazil).

In the criminalization scenario, abortions in the country occur illegally and many do not reach the health system or the police. Despite the risks, women resort to underground work. In addition to mortality, the consequences can be infections, uterine perforation, bleeding, and infertility.

The World Health Organization estimates that 45% of the world’s abortions take place in risky conditions, mainly concentrated in countries with restrictive laws, such as Brazil. For experts, the decline in unsafe abortions is linked to sex education, access to contraception, and decriminalization.

Having obtained a doctorate in public health, researcher Luciana Brito, co-director of the Anise Biomedical Institute, classifies reports of voluntary abortion as persecution. “We saw this woman enter the justice system because she was punished from day one,” he explains. “This woman has gone through the health system to receive attention and health care for an obstetric emergency, and she ends up in this place as a potential criminal.”