Judge Antônio Hirt Preiss of the Third Criminal Court of Brasilia rejected the petition of a woman who requested permission to abort her unborn child because it suffers from anacephaly.
The new ruling confirms an initial lower court decision.
Judge Preiss said the woman’s life is not at risk and that therefore, the abortion could not take place under the law. He noted that under Brazilian law, a fetus with anacephaly is not a justification for abortion. “For this reason the appeal by the petitioner is denied,” he said.
Feminists groups who are pushing for the legalization of abortion in Brazil have been using the woman’s case in order to establish legal precedent.