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Petition Seeks to Nullify Barroso’s Abortion Vote as Brazil’s Top Court Halts Case

The dispute centers on whether abortion policy falls to constitutional adjudication or to Congress.

Overview

  • The Brazilian Institute of Law and Religion (IBDR) asked STF President Edson Fachin to annul Luís Roberto Barroso’s last-day vote on ADPF 442, alleging procedural irregularities and compromised impartiality.
  • The Supreme Court’s virtual review is paused at the request of Minister Gilmar Mendes, with two favorable votes on record from Barroso and former minister Rosa Weber and no date set to resume.
  • STF internal rules keep votes by retired justices valid, a provision cited by critics who say Barroso cast his opinion hours before retirement to prevent a successor from voting.
  • The National Conference of Bishops of Brazil issued an official note defending protection of life from conception and urging that any change be debated in Congress rather than through the courts.
  • Luciana Boiteux, who authored the 2017 action, called for a physical plenary debate and argued that criminalization violates fundamental constitutional rights.