ADPF 442
CourtSupreme Federal Court
Full case nameArguição de Descumprimento de Preceito Fundamental 442 (Socialism and Liberty Party (PSOL) v. President of the Republic)
Started8 March 2017 (2017-03-08)
Case history
Related action(s)ADPF 54
Court membership
Judges sittingPresident

Rosa Weber

Justices

Unknown as of yet, voting is suspended
Case opinions
Decision byWeber
Keywords

ADPF 442 is an ongoing case of the Supreme Court of Brazil concerning the decriminalization of abortion, in any circumstance, up to 12 weeks of pregnancy.[1] As it stands, the Brazilian Penal Code prohibits abortion except in cases of rape and risk to the mother's life, and in the case of anencephalic fetuses (see ADPF 54).[lower-alpha 1]

A positive result in this case would bring Brazilian legislation closer to some of its Latin American neighbors, such as Argentina, Colombia, Cuba, Guyana, Mexico and Uruguay.

Background

Legality of abortion by country or territory
Legal on request:
 No gestational limit
 Gestational limit after the first 17 weeks
 Gestational limit in the first 17 weeks
 Unclear gestational limit
Legally restricted to cases of:
 Risk to woman's life, to her health*, rape*, fetal impairment*, or socioeconomic factors
 Risk to woman's life, to her health*, rape, or fetal impairment
 Risk to woman's life, to her health*, or fetal impairment
 Risk to woman's life*, to her health*, or rape
 Risk to woman's life or to her health
 Risk to woman's life
 Illegal with no exceptions
 No information
* Does not apply to some countries or territories in that category
Note: In some countries or territories, abortion laws are modified by other laws, regulations, legal principles or judicial decisions. This map shows their combined effect as implemented by the authorities.

Former Supreme Court minister Rosa Weber was due for mandatory retirement on 2 October 2023.[1] As president, Weber brought the case for deliberation,[2] and as rapporteur, cast the initial, 129-page vote on 22 September 2023 during a virtual session.[1][3][lower-alpha 2] Voting on the case was then suspended and will return in-person at a later, unspecified date.[4] She voted in favor of the decriminalization of abortion up to 12 weeks.

She went on to retire on 30 September 2023, leaving the presidency of the court to minister Luís Roberto Barroso.[5] Her successor, as of 13 November 2023 yet to be nominated, will likely not be able to recast a vote in this case.[6]

High Court decision

Judiciary representation

Supreme Court members Ministers Yes No
Rosa Weber 1 1
Total 01 01 00

See also

Notes

  1. ↑ The following explicit mentions to voluntary abortion on the Decreto-Lei Nº 2.848 of 7 December 1940 (a.k.a. Penal Code of Brazil) outline its current legality in Brazil:
    • Art. 124: causing abortion in oneself, or consenting to someone else causing it: 1 to 3 years in prison (detention)
    • Art. 126: causing abortion with the consent of the pregnant person: 1 to 4 years in prison (reclusion, see Reclusão)
    • Art. 128: abortion practiced by a doctor is not punishable:
      • I) If there is no other way to save the life of the pregnant person;
      • II) If the pregnancy is a result of rape and the abortion follows consent of the pregnant person or, when incapable, her legal representative
    See also: Abortion in Brazil.
  2. ↑ Minister Rosa Weber's 129-page vote is available, in full, here.

References

  1. 1 2 3 Alves, Schirlei (2023-10-02). "O que é a "ADPF 442", que pede a descriminalização do aborto no Brasil?" [What is "ADPF 442", that concerns the decriminalization of abortion in Brazil?]. Estadão (in Brazilian Portuguese). Retrieved 2023-11-13.
  2. ↑ Muniz, Mariana (2023-09-12). "Rosa Weber libera para julgamento no STF ação sobre descriminalização do aborto até 12 semanas" [Rosa Weber puts up for deliberation on Supreme Court case on decriminalization of abortion up to 12 weeks]. O Globo (in Brazilian Portuguese). Retrieved 2023-11-13.
  3. ↑ Cotta, Letícia (2023-09-22). "Rosa Weber vota contra criminalização do aborto até 12 semanas" [Rosa Weber votes against criminalization of abortion up to 12 weeks]. Metrópoles (in Brazilian Portuguese). Retrieved 2023-11-13.
  4. ↑ "Relatora vota pela descriminalização do aborto até 12 semanas de gestação; julgamento é suspenso" [Rapporteur votes for decriminalization of abortion up to 12 weeks of pregnancy; ruling is suspended]. Supreme Court of Brazil (in Brazilian Portuguese). 2023-09-22. Retrieved 2023-11-13.
  5. ↑ Meireles, Leonardo; Arnoldi, Marc (2023-09-29). "Lula assina a aposentadoria da ministra Rosa Weber do STF" [Lula signs Rosa Weber's retirement from Supreme Court]. Metrópoles (in Brazilian Portuguese). Retrieved 2023-11-13.
  6. ↑ Alcântara, Manoela (2023-09-28). "Sucessor de Rosa Weber deve herdar 46 ações, entre elas a do aborto" [Rosa Weber's successor should inherit 46 motions, the abortion one among them]. Metrópoles (in Brazilian Portuguese). Retrieved 2023-11-13.
  • ADPF 442 updates on the Supreme Court's website
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