Entities will challenge the National Congress decision in the STF that makes legal abortion difficult for children

Senate approves project that makes legal abortion difficult for child victims of rape
Entities and civil society organizations that are part of the National Council for the Rights of Children and Adolescents (Conanda) will question, in the Federal Supreme Court (STF), the suspension of a resolution that guided the legal abortion procedure for child victims of rape, a right guaranteed by law.
The PDL was approved first in the Chamber of Deputies (see how each deputy voted), then, in less than two minutes, in the Federal Senate in a symbolic vote - a modality in which it is not recorded which senators voted for or against.
The action will have the PSOL as author and will be presented to the Court after the promulgation of the draft legislative decree (PDL) by Congress.
The decision of the deputies and senators fully suspends the effects of Conanda Resolution 258. The norm provided guidelines for the humanized care of children and adolescents victims of sexual violence.
Senator Damares Alves (Republicanos-DF), rapporteur of the proposal that overturned the resolution, says that Conanda exceeded its powers and tried to legislate in place of Congress. This argument must be challenged in the legal action.
"We will argue that Conanda did not exceed its limit of normative capacity. The Senate's decision is that it interferes with Conanda's competence. The council has the autonomy to establish these guarantees", says the president of the body, Delia Martis, to GloboNews.
The action in the STF must only be endorsed by civil society entities, although the federal government also has representatives in Conanda.
The statue 'A Justiça', in front of the building of the STF and the National Congress Building in the background.
TON MOLINA/FOTOARENA/ESTADÃO CONTEÚDO
Lightning vote
Unlike when it passed through the Chamber of Deputies and prompted heated discussions, in November 2025. The vote in the Federal Senate was approved in 1 minute and 42 seconds, without speeches or interventions from parliamentarians.
The silence in the plenary is a direct reflection of the influence of the electoral period.
The Ministries of Human Rights and Women were on alert since the president of the House, Davi Alcolumbre (União-AP), announced that he would guide the PDL this week.
Days before, they had already appointed interlocutors to visit Senate offices and defend the maintenance of the resolution. But they were caught by surprise with the vote being presented outside the agenda.
Proponents of the resolution claim that it does not innovate or create new rules, but organizes care for children victims of sexual violence who become pregnant.
"We are not forcing abortions, but saying that the child has the right not to bear the fruits of sexual violence", says a member of the Executive.
Allies of Damares Alves, on the other hand, admit that the vote was facilitated by the fact that the government did not "put the team on the field" and face the issue. The assessment between them is that the Planalto did not want to get bogged down with a thorny issue on the eve of the elections.
The resolution, which came into force in January 2025, highlights that pregnancy in children and adolescents is a process that "represents a risk to physical, psychological and mental health that can result in social impacts on their full development, an increase in illness, disability and deaths".

Source: G1