BRASILIA, Brazil (LifeSiteNews) — A prominent Brazilian lawyer warned that abortion could be legalized in Brazil.
Known as “ADPF 442,” the issue is currently under discussion in the Brazilian Supreme Federal Court, which recently placed it on trial after a decision by the Court’s president, Minister Rosa Weber.
In an exclusive interview with LifeSiteNews, Dr. Ives Gandra Martins, 88, criticized the interference of the Supreme Court in the discussion of the legalization of abortion in Brazil. He also condemned the increasingly pro-abortion policies and actions of President Luiz Inácio Lula da Silva’s communist government.
In January, shortly after taking office, Lula da Silva’s socialist government withdrew Brazil from the Geneva Consensus, an international agreement between several countries in defense of life, women’s health, strengthening the family and the sovereignty of each nation in global politics.
The agreement was made in October 2020 under the government of former conservative president Jair Bolsonaro and focused on defending life and ending pro-abortion policies in Brazil.
Recently, an organ of the Ministry of Health of Lula da Silva’s administration issued an opinion advising the federal government to seek the legalization of abortion and marijuana in Brazil.
Lula da Silva’s stance contradicts what he said during the election campaign. Before being elected, the socialist said he was against abortion and promised not to adopt any policy to legalize the procedure in Brazil.
Gandra Martins will be one of the lawyers participating in discussions against the legalization of abortion in the Supreme Court. He asserted that the Supreme Court does not respect the right to life in Brazil.
Gandra Martins was one of 19 Brazilian jurists who acted as “amicus curiae” in the decision of the U.S. Supreme Court in the Dobbs case, which overturned federal abortion legislation in the United States. He founded an institute of law and religion in Brazil and is frequently quoted for his anti-abortion stance. He has authored several books and articles on the subject.
Regarding the legalization of abortion in Brazil, Gandra Martins stated that this issue should not be analyzed by the judiciary but rather by the representatives of the population through the Legislative branch.
Here are the key excerpts from Gandra Martins’ interview:
LifeSite: What dangers do you see with the potential legalization of abortion in Brazil through a decision by the Supreme Federal Court?
Dr. Gandra Martins: The obvious decision by the Supreme Court should be to declare this request unconstitutional. Our Constitution protects the right to life from conception. However, today, the Supreme Court justices do as they please. There is a constitution approved by the constituents and a constitution being rewritten by the Supreme Court. So, considering this, all we have to do now is fight to have justices on our side to overturn this thesis that could legalize abortion in Brazil.
LifeSite: In your view, do you think the Legislative branch should be responsible for considering this issue?
Dr. Gandra Martins: Of course! This issue falls exclusively under the jurisdiction of the Legislative branch. Supreme Court justices cannot “legislate” on behalf of the Legislature. The Legislature should have the courage to say, “If they do something, we will enact a legislative decree against the decision,” but the Legislative branch is negligent in this regard.
Furthermore, our current political system is under the control of President Luiz Inácio Lula da Silva, who claims to be a communist at heart. As a result, our Executive and Legislative branches are both negligent. The only functional branch is the Judiciary, specifically the Supreme Federal Court. Our democracy is in a dire state at this moment.
LifeSite: What impacts do you foresee for Brazil if abortion were to be legalized?
Dr. Gandra Martins: It would be another moral impact because, in practice, despite our opposition to abortion, we are already lenient toward illegal abortions that occur in hospitals and often with the endorsement of local governments. So, it would be another moral impact to say that what is illegal becomes legal, effectively making it legalized murder by the Supreme Court.
While the Supreme Court decides to protect turtle eggs, it will also authorize the destruction of human beings in the mother’s womb. In practice, this functions as a reduction of the world’s population, a demographic problem that the Supreme Court would adopt. However, if our thesis prevails that the right to life begins at conception, as was the case in our intervention in the U.S. Supreme Court, we will continue to fight against all illegal abortion procedures performed in Brazil.
LifeSite: From a Catholic perspective, how do you view the possibility of abortion legalization in Brazil?
Dr. Gandra Martins: From a Catholic standpoint, this will not change our behavior at all. We will continue to consider abortion as murder, much [as we did] during Roman times. The Romans believed that killing people in the Colosseum was a way to demonstrate Roman civilization for their [own] entertainment. Back then, we were the ones being sacrificed, but we maintain our faith. We will continue to think just as rigorously as we do today, upholding our Catholic doctrines, especially all the pro-life teachings imparted by Pope John Paul II.