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Barroso Votes to Decriminalize Abortion Up to 12 Weeks, Case Shifted to STF’s In-Person Plenary

The case now stands 2–0 for decriminalization with judgment paused for an in-person hearing.

Overview

  • On his final day at the court, Luís Roberto Barroso asked for and received an extraordinary virtual session and cast a vote to remove criminal penalties for abortions up to 12 weeks.
  • Shortly after Barroso’s vote, Gilmar Mendes filed a destaque that halted the virtual proceeding and sent the case to the physical plenary with no new hearing date set.
  • Barroso’s opinion echoed Rosa Weber’s 2023 position and framed abortion in early pregnancy as a public-health issue rather than a criminal matter.
  • In his vote, Barroso also proposed allowing nursing professionals to assist in lawful abortion procedures and shielding them from punishment, citing a care gap.
  • Separately, the Senate’s Human Rights Committee approved PL 2,524/2024 to bar abortions after 22 weeks and to narrow exceptions, moving the bill on to the Social Affairs Committee for further review.