Brazil's Supreme Federal Court Schedules Controversial Abortion Decriminalization Judgment Amid Barroso's Retirement
Brazil’s Supreme Federal Court is set to rule on decriminalizing abortion up to 12 weeks amidst controversy over Minister Barroso’s retirement and legal opposition.
- • Supreme Federal Court schedules extraordinary virtual session starting October 18 to judge abortion decriminalization.
- • Minister Luís Roberto Barroso supports decriminalization up to 12 weeks and views abortion as a public health issue.
- • Barroso’s retirement on October 18 prompted questions about urgency and personal motives for advancing the case.
- • Legal and religious entities criticize the session as a political maneuver and insist abortion policies belong in the legislature.
- • The case challenges existing Penal Code articles criminalizing abortion as unconstitutional violations of dignity and health rights.
Key details
The Supreme Federal Court (STF) of Brazil is set to hold an extraordinary virtual session starting October 18, 2025, to deliberate on the decriminalization of abortion up to 12 weeks of pregnancy. This session was scheduled following a request by Minister Luís Roberto Barroso, who is retiring on the same day, prompting debates around the urgency and motivation of the case continuation.
Barroso, aligning with the previous position of retired Minister Rosa Weber, has advocated for viewing abortion as a public health issue rather than a criminal offense. He emphasized the disproportionate impact of criminalization on poor women, noting that wealthier women often have access to safe procedures abroad. According to Barroso, the current legal framework, which allows abortion only in specific circumstances like rape or risk to the mother's life, unfairly penalizes women, undermining their reproductive autonomy and fundamental rights. The case, brought forward by the Psol party in 2017, challenges the constitutionality of Penal Code articles that criminalize abortion, arguing they violate principles of human dignity and health rights.
However, Barroso's request for an extraordinary virtual session has sparked significant opposition from various legal, religious, and parliamentary entities. These groups, including the Associação Nacional de Juristas Evangélicos (Anajure) and the Associação Nacional Pró-Vida e Pró-Família (PROVIDAFAMILIA), criticized the perceived "political maneuver" and alleged personal convenience behind the urgency, arguing that the STF should respect due legislative processes and public participation instead of acting as a "positive legislator." They insist the abortion debate belongs within the legislative branch and express concerns about transparency and democratic debate under an extraordinary virtual session format.
STF President Edson Fachin approved the session, which will run through October 20, 2025. The session marks a pivotal moment in Brazil’s judicial and political landscape, as it could significantly alter the country’s abortion laws. While Barroso calls for decriminalization to protect women’s rights and public health, opponents emphasize procedural propriety and legislative supremacy.
This judgment is a critical development, as it represents a final significant act in Barroso’s judicial career amid ongoing national and ideological tensions on abortion policy in Brazil.