This month, Law 14,443/2022 comes into force, which dispenses with the consent of the spouse to authorize tubal ligation, in women, and vasectomy, in men, which are methods of surgical sterilization.
The new law brings other changes. See below:
- The new law reduces the minimum age for performing procedures in the country to 21 years. Before, it was 25 years.
- The minimum age will not be required for those who have at least two living children.
- The woman can request tubal ligation during the delivery period, which was not allowed in the previous legislation, from 1996. It is necessary to express the will 60 days in advance.
- Methods and techniques of contraception must be available within a maximum period of 30 days. The legislation maintained the demand for manifestation by surgery in a written and signed document. Between the manifestation of the will and the surgery, the interested person will undergo counseling by the medical team when he will receive guidance on the advantages, disadvantages, risks and effectiveness of the procedure. The aim is to avoid early sterilization.
Sterilization is authorized only by tubal ligation, vasectomy or other scientifically accepted method. Hysterectomy (removal of the uterus) and oophorectomy (removal of the ovaries) is prohibited.
BREACH
If sterilization is carried out in violation of the law, a penalty of two to eight years of imprisonment and a fine is foreseen.
The penalty can be increased by one third if it occurs in the following situations: during childbirth or abortion without a prior manifestation of 60 days; with manifestation of the will of the sterilized person expressed during the occurrence of alterations in the capacity of discernment due to the influence of alcohol, drugs, altered emotional states or temporary or permanent mental incapacity; in hysterectomy and oophorectomy surgeries; in an absolutely incapable person, without judicial authorization and through cesarean section indicated exclusively for sterilization.
* With information from Agência Brasil
