24 Seconds in Brazil: The Draft Law no. 1904/2024

Abstract

This is a legal study of the legislative process of Federal Bill 1904/2024, which in 24 seconds approved the legislative urgency to the bill, which aims to remove the current exclusion of illegality in cases of abortion, hypotheses of legal abortion, after 22 weeks from the beginning of gestation, equating to homicide, by adding two paragraphs to article 124; adding a single paragraph to article 125, adding a second paragraph to article 126, and adding a single paragraph to article 128 of the Brazilian Penal Code, which implies the classification of rape victims (or legal guardians) as homicides in the case of abortions carried out after 22 weeks, such as the time lapse of 22 weeks and one day, as an example. The study shows that the issue raises a complex problem, regulated by constitutionally established guidelines that are incompatible with the procedure adopted: urgent procedure and proposes a methodology for resolving these issues. The methodology used results from a combination of bibliographical, descriptive and hypothetical-deductive review and the study is justified insofar as it addresses key issues relating to due process of law; human and fundamental rights and legislative process.