Overview
- The CNBB petition asks the STF to annul the votes of former ministers Luís Roberto Barroso and Rosa Weber in ADPF 442, which considers decriminalizing abortion up to 12 weeks.
- The bishops argue the case violated due process and the principle of a natural judge, citing limited time for submissions and lack of oral argument by parties, the PGR and more than 70 amici curiae.
- They contend Weber inserted her vote in the virtual plenary after a highlight had interrupted the session and that it appeared in the system marked “Em elaboração.”
- They also say Barroso withdrew his highlight and cast his vote in an extraordinary virtual session on the eve of his retirement, a move they argue had no regimental basis and reopened the case without proper participation.
- An earlier request from the IBDR had already sought to nullify Barroso’s participation, and the CNBB’s new request now awaits consideration as the broader question of criminalization in the first trimester remains before the Court.