At the end of 2023, the São Paulo City Hall ordered the suspension of legal abortion procedures at the Vila Nova Cachoeirinha Hospital and Maternity, located in the northern part of the city. Since then, patients have faced difficulties in finding care, with some being forced to seek services in other states to undergo the procedure. Although four other municipal hospitals in the city of São Paulo perform legal abortions, the Cachoeirinha unit was the only one that provided care for girls, women, and pregnant individuals after the twentieth week of pregnancy, according to reports from patients and healthcare professionals. 

In response to the suspension of the service, the Socialism and Liberty Party (Psol) filed a Public Civil Action (No. 1089518-19.2023.8.26.0053) with the São Paulo Court of Justice (TJ-SP), requesting the resumption of the procedure at Vila Nova Cachoeirinha Hospital. The reactive lawsuit aims to ensure that the judiciary order the São Paulo City Hall to restore the legal abortion service at this specialized facility.

Conectas, along with Anis – Institute of Bioethics, the Feminist Collective on Sexuality and Health, Catholics for Choice, and the Vivas Project, submitted an amicus curiae brief in the case, aiming to contribute legal arguments supporting the need for the reinstatement of the legal abortion service. The organizations argue that the suspension of the service at Vila Nova Cachoeirinha Hospital constitutes a violation of the sexual and reproductive rights of women, girls, and pregnant individuals, particularly given that public policies to ensure legal and safe abortion are scarce in Brazil.

The organizations argue that the legal abortion service is a constitutional right linked to family planning and public health. The suspension of the service imposes obstacles that force pregnant individuals to continue pregnancies in cases that endanger their lives, result from rape, or involve anencephalic fetuses. This situation constitutes a violation of human rights and goes against the recommendations of international bodies such as the UN Committee on Economic, Social and Cultural Rights and the UN Human Rights Committee.

The litigation is still ongoing, awaiting a decision on the merits in the first instance. In January 2024, a preliminary injunction ordered the reinstatement of the legal abortion service at the hospital, but in May of the same year, the São Paulo Court of Justice (TJ-SP) partially upheld the City Hall’s appeal, suspending the injunction that mandated the resumption of the service, maintaining only the obligation to refer patients to other units that perform the procedure.

The case is considered crucial for ensuring access to safe abortion in Brazil, as the closure of the service at this specialized hospital has forced women and girls to seek care in other locations, often without success. Furthermore, the case challenges the legality of the São Paulo City Hall’s administrative decision, pointing to potential violations of fundamental rights and basic principles of public law. The outcome of this trial has the potential not only to determine the future of the legal abortion service in São Paulo but also to influence jurisprudence and public policy across Brazil regarding the right to safe abortion.

Technical information:

  • Type of action: Public Civil Action
  • Court: TJ-SP
  • Status: Awaiting judgement 
  • Timeline: 
    • 21/12/2023 – Initial petition
    • 17/01/2024 – Decision granting the preliminary injunction
    • 20/05/2024 – Ruling granting the appeal by the Municipality of São Paulo and suspending the injunction granted in the first instance
    • 16/08/2024 – Amicus curiae filed by Conectas and partnering organizations