Overview
- The virtual plenary showed an 8–1 majority against the injunction, with Gilmar Mendes, Edson Fachin, Cristiano Zanin, Flávio Dino, Kassio Nunes Marques, André Mendonça, Alexandre de Moraes and Dias Toffoli opposing it.
- Gilmar Mendes led the prevailing view that the urgency required for a provisional injunction was not demonstrated.
- Barroso’s order had allowed nurses and nursing technicians to assist in abortions permitted by law and temporarily shielded them from criminal and administrative penalties.
- The case remains procedurally open after a highlight request suspended the session, with votes allowed until October 24 and Cármen Lúcia and Luiz Fux still to register positions.
- The underlying suits cited precarious access to legal abortion in public hospitals, and Barroso retired after issuing the order and casting a separate vote to decriminalize abortion up to 12 weeks, with reporting naming AGU chief Jorge Messias as a likely successor.