The 2019 police reporting requirement added to Brazil’s Reporting Law should be interpreted narrowly, and only in the most extreme cases be applied to survivors of violence seeking abortion following rape, in order to give full effect to its confidentiality protections and goal of facilitating effective public policy responses to violence against women.

However, there is particular risk that the requirement will be read more widely. This risk is heightened by assertions by the previous administration that its scope matches that of the police reporting requirement under now-revoked regulations passed in 2020. Additionally, the long-standing practice in Brazil of health professionals and judges imposing additional requirements for abortion with no basis in law further intensifies this risk. Furthermore, current instances of health professionals reporting on patients for prosecution, including under the crime of abortion, contrary to their legal obligations and legal exceptions, contribute to the heightened risk.

The impact of police reporting on access to legal abortion highlights the dangers of drawing the criminal legal sphere into health care practice. Removing all preconditions, legal or otherwise, including authorization processes, and instead focusing on providing material support and quality, unbiased care, is essential to ensuring real access to legal abortion.