**3. The case of the ten thousand: the criminal chase and the "witches" exposition in Brazil**

Clandestine clinics of abortion in Brazil have been, frequently, target of media reports and spectacularization. One of the involvement marks of media on public revelation of places that supposedly performed pregnancy interruption surgeries was the case of the ten thousand. This story started on April 10, 2007, at Campo Grande city, when a news report made with a hidden camera,11 operated by a fake pregnant couple looking for abortion, denounced the existence of a Familiar Planning Clinic in function for over 20 years at the capital downtown.

On April 11 the police started the investigation and on April 12 the state's General Prosecutor was visited by representatives of the National Congress' Mix Parliament Front on Life's Defense (against abortion) that put pressure on authorities for the establishment of a criminal process against the owner of the place, the doctor and anaesthesiologist Dr. Neide Mota Machado [25, 26].

The pressure had effect. On April 13, 2007, policemen with a search warrant closed the clinic without the doctor being there, and confiscated surgical instruments, medicines, syringes, needles and patient's private documents. The medical reports of 9896 women were scrutinized by the police and, lately, by justice strongarms [25, 26].

*Education, Human Rights and Peace in Sustainable Development*

strong articulation in the Executive.

their own navel.

In the sowing of patriarchal values, fundamentalists, oligarchies and religious sectors are the groups that most represent the obstacles to advancing the fight for the decriminalization of abortion in Brazil. Generally, they have a conservative discourse from the point of view of biomedical science and the laity of the state. In the dispute for the concept of life, what prevails is the discourse of biological life from orthodox biomedicine and the mix of values of the State and Church, with

And if in one hand reproduction and motherhood continue to be treated as the fated destiny of women, on the other, adoption is not yet a valued alternative to motherhood. In addition, the dispute in the field of reproduction also occurs through the market, with the industry of products for babies and pregnant women,

Among this context, the neoliberal field advances in the Brazilian political culture, going through the health issue with the growth of foundations and private health plans to the detriment of the Unified Health System (SUS), It is also evident a scenario of high urban violence and at the same time indifference to this violence in most Brazilian urban centers. The marches that preach peace and not abortion, understood as a threat to life, start to appear, generally formed by the middle class who have a conservative vision of peace, since the fear of violence is what drives this kind of reaction by the average layers and other conservative groups, centered on

There are also the strategies that the media has been adopting in relation to abortion, polarized by messages through soap operas and programs that are veiled or expressive against legalization and the frequent reports displayed in newspapers about the overflowing appearance of clandestine clinics in various regions of the country, as well as women leaving hospital in handcuffs for reports of unsafe abor-

A series of reports conducted by journalist Paula Guimarães, from the *Portal* 

A research carried out by the Public Defense of Rio de Janeiro points out that the delations made by health institutions and professionals during emergency care for women by the practice of self-medication are more common than one can imagine and one of the main means of entry of patients into the penal system. To get an idea, in 65% of cases they were reported during emergency medical care, and in 20% of

all over the country, portrays cases of criminalization of patients attended at the Health Posts or in hospitals, due to complications by badly done or even spontaneous abortions, evidence that health professionals have often reported to the police

<sup>7</sup> Consult the series "From the Emergency Room to the Penal System", produced by Paula Guimarães. Available at the electronic address: https://outraspalavras.net/outrasaude/do-pronto-socorro-ao-sistema-

<sup>8</sup> To keep track of this reality, the Collaborative Map of Criminalization by Abortion was launched, which compiles information and journalistic material on the cases of patients reported to the police while receiving medical care in health centers throughout Brazil. The Abortion Criminalization Collaborative Map can be accessed at this electronic address: http://especiais.catarinas.info/mapa-colaborativo-da-

<sup>9</sup> To keep track of this reality, the Collaborative Map of Criminalization by Abortion was launched, which compiles information and journalistic material on the cases of patients reported to the police while receiving medical care in health centers throughout Brazil. The Abortion Criminalization Collaborative Map can be accessed at this electronic address: http://especiais.catarinas.info/mapa-colaborativo-da-

criminalizacaoo-das-mulheres-por-aborto/ [Accessed on: December 20, 2012].

criminalizacaoo-das-mulheres-por-aborto/ [Accessed on: December 20, 2012].

carried out

new reproductive technologies, last generation ultrasonographies, etc.

tion by doctors and other health professionals to the police.

the injured women who entrust their lives to them.8

cases, by relatives and neighbors.9

penal/ [Accessed on: December 20, 2012].

*Catarinas*, named "From the emergency room to the penal system,"7

**214**

<sup>10</sup> To keep track of this reality, the Collaborative Map of Criminalization by Abortion was launched, which compiles information and journalistic material on the cases of patients reported to the police while receiving medical care in health centers throughout Brazil. The Abortion Criminalization Collaborative Map can be accessed at this electronic address: http://especiais.catarinas.info/mapa-colaborativo-da-criminalizacaoo-das-mulheres-por-aborto/ [Accessed on: December 20, 2012].

<sup>11</sup> Later, another report was made, this time with camera in sight, in which the medical anesthesiologist NeideMota Machado reported to the journalist HonórioJacometto the abortion requested by the clients, but in a safe manner and with all appropriate medical care.

After 3 months, the state's Prosecution Office offered a suit against NeideMota and other six of her employees for the crime of abortion and criminal association [27]. The medical reports (9896) of the patients, handled without the presence of an expert, were included on the process as proof for the indictment. In order for the crime not to prescribe, the prosecution denounced all the ten thousand women [25, 26].

That is, the medical reports served as basis to the process, especially the ones that had ultrasonography, positive pregnancy tests and forms signed by women authorizing the medical procedures. Cases of prescription and ones with information judged incomplete by justice were discarded [25, 26, 28]. Such a measure resulted on the accusation of 1500 women for crimes of abortion.

Of these, the first called to attend to the police station did not know what the intimation was about and were submitted to questioning without clarification of their rights, like the right to keep silent or having the presence of a lawyer or public defender. This fact represents a violation of the right to full defense and the minimal judicial guarantees [27]. To some of them, it was offered the process' suspension so they would not be taken to jury, as long as they accepted to collaborate with investigations and under some conditions. Only five men were sued on this stage [26] and, as the story went, it is estimated that less than 10 were indicted.

Through 3 months, the process were available for public consultation on the Justice Court of MatoGrosso do Sul's (TJ/MS) website and many people had access to the names, accusation and address of the women who supposedly had had abortions, violating the constitutional right to privacy [26].

During the judicial treatment of the case there was a sentence reversion (based on the law 9.009/95) on the alternative sentences and many women were able to choose to pay a fine, community service or donation of a basic products list. Poor women, generally, opted for community service, where they were obligated to make it on day care centers and schools, bringing moral and emotional embarrassment and strong self-blaming. The Judge's declaration to the press revealed that this condemnation was on purpose: they should take care of children and regret what they had done [26].

It is established that the police mandate to close the Clinic did not authorize the apprehension of medical reports. The delegate that took the case, Dra. Regina Márcia Rodrigues de Brito affirmed to Ipas Brasil: "if we were investigating a clinic where they did not make abortions, we would not have taken the medical reports" ([26], p. 6). She also affirmed that it would not be possible to sue the women without information that were on the reports [26].

According to Art. 154 of the Penal Code, to reveal secrets to someone without fair cause concerning a role or profession and which revealing could cause damage to another is punishable with 3 months to 1 year of detention and a fine. Art. 102 of the Brazilian Medical Ethic's Codedescribes methods to secure the confidentiality and protect patient's privacy on criminal investigations. Not even a judicial ordercan suppress the mandatory protection of professional secrecy.

Resolution n° 1.605/2000 of the Federal Medical Council, on the Art. 4, is another document that determines the procedures: "if a judicial authority demands the presentation of medical reports during a criminal process, the doctor will provide those documents only to a legal expert named by the judge that will analyse the question" (p. 6, [26]).

In light of that, only 1500 women were indicted, but them all (around 10,000) had their rights violated, even though both medical secrecy and their privacy were disrespected. After all, the medical reports were handled by police and justice employees without the presence of an expert, damaging the women's right to medical secrecy, which concerns only them since it involves the intimacy of their bodies [26, 27].

**217**

excess of accusations.

*Abortion, Criminal Law and the Ten Thousand Women: Portraits of the Inquisition…*

As the investigation unrolled, NeideMota Machado (clinic's owner) and four of her employees were pronounced, by all the Court Judges of TJ/MS, to be judged by a popular jury. However, something new and unexpected happened: the enigmatic

On the afternoon of November 29 of 2009, a Sunday, Neide was found dead inside her car on a road near the farmhouse where she lived: "On her right hand she had a 10 ml syringe and between her legs there was another one, without a needle. There was also an used bottle of Lidocaine Hydrochloride, and a letter written by pencil between her bench and the passenger."12 The content of the letter asked for no panic, trauma or pain, on the day before, Neide had registered on a public notes'

After police investigations the case was filed as suicide, but feminists from all around the country and many people in town brought up the hypothesis of "file burning," since the mysterious death was not well explained by the competent authorities. About 3 years after the closing of the Family Planning Clinic, the jury trial that led to judgment the four employees that worked at Dr. Neide Mota

The Jury trial that submitted the four former workers from the Family Planning Clinic, Libertina de Jesus Centurion, Rosângela de Almeida, Maria Nelma de Souza and Simone Aparecida Cantagessi de Souza to the scrutiny of a popular jury had its first run on April 8, 2010, at 8 a.m., on the 2nd Section of the Jury Court on the

Despite the intense disclosure of the case on vehicles of mass communication, there were few people where the judgment took place. It was noticeable the attendance of friends and family of the defendants, students, law operators, and just five feminists from the city, among other actors made the timid and simple audience made by a group of a little more than 30 people. There were no banners, outcries or any kind of public manifestation on the front of the Forum, contrasting the intense acting of the Brazilian feminist organizations to stop the conviction of the clinic's

Three members of the Prosecution Office, four defense lawyers, the judge, employees of the Forum and, posteriorly, the four indicted (who entered escorted by policemen), and the seven juries members of the Verdict Council composed the actors framework in plenary. It all seemed too serious and gloomy, except for the striking presence of the press. Journalists from various TV stations, from printed and online newspapers, made the event coverage with media ratio breaking the ice

The magistrate AluízioPereira dos Santos started the trial by communicating the criminal process instruction in plenary and identifying all the actors involved: the presiding judge (that is, himself), the prosecutors, defense lawyers and indicted. After the initial instructions from the judge, the judgment started with the argumentation of Siufi, defense lawyer of Simone Cantagessi, who questioned the judge about to whom had been delivered the expert forensic medical report about

<sup>12</sup> Information available on the website: https://alias.estadao.com.br/noticias/geral/livro-de-josephfrank-e-mais-que-uma-biografia-de-dotoievski/70002482374 [Accessed on: August 15, 2018]. <sup>13</sup> The first date of the judgment was supposed to be on February 24, 2009, but it was changed by the judge due a question of order argued by the defense that pointed violation of natural principles and

*DOI: http://dx.doi.org/10.5772/intechopen.89014*

death of NeideMota.

office the desire to be cremated.

**4. Jury trial or witch-hunt?**

Machado's clinic started on Campo Grande's Forum.

Justice Forum of Campo Grande-MS county, lasting for 2 days.13

patients, criminalized for abortion over the past 3 years.

from the formalities and sobriety atmosphere.

*Abortion, Criminal Law and the Ten Thousand Women: Portraits of the Inquisition… DOI: http://dx.doi.org/10.5772/intechopen.89014*

As the investigation unrolled, NeideMota Machado (clinic's owner) and four of her employees were pronounced, by all the Court Judges of TJ/MS, to be judged by a popular jury. However, something new and unexpected happened: the enigmatic death of NeideMota.

On the afternoon of November 29 of 2009, a Sunday, Neide was found dead inside her car on a road near the farmhouse where she lived: "On her right hand she had a 10 ml syringe and between her legs there was another one, without a needle. There was also an used bottle of Lidocaine Hydrochloride, and a letter written by pencil between her bench and the passenger."12 The content of the letter asked for no panic, trauma or pain, on the day before, Neide had registered on a public notes' office the desire to be cremated.

After police investigations the case was filed as suicide, but feminists from all around the country and many people in town brought up the hypothesis of "file burning," since the mysterious death was not well explained by the competent authorities. About 3 years after the closing of the Family Planning Clinic, the jury trial that led to judgment the four employees that worked at Dr. Neide Mota Machado's clinic started on Campo Grande's Forum.
