Brazil's Supreme Court Overturns Barroso Order Allowing Nurses in Legal Abortions in 10–1 Vote

Overview

• With the reversal, Barroso’s last-day determinations lose effect and the physician-only rule for performing legal abortions is reinstated.
• Gilmar Mendes led the divergence arguing absence of qualified urgency, a view joined by nine colleagues, with Luiz Fux casting the final vote.
• Barroso’s provisional orders had authorized nursing staff to assist and shielded them from sanctions, and sought to bar administrative hurdles such as gestational limits or police report requirements.
• The rulings were issued in actions filed by professional and bioethics groups and were immediately sent to an extraordinary virtual session before Barroso’s retirement.
• In a separate case on decriminalization up to 12 weeks, Catholic jurists petitioned to void Barroso’s vote, and new rapporteur Flávio Dino removed the matter from the agenda with Chief Justice Edson Fachin’s approval, leaving it suspended without a date to resume.