ADPF 442 is an ongoing case of the Supreme Court of Brazil concerning the decriminalization of abortion, in any case, up to 12 weeks of pregnancy.[1] As it stands, the Brazilian Penal Code prohibits abortion except in cases of rape and risk to the mother's life, and in the case of anencephalic fetuses (see ADPF 54).[a]
| ADPF 442 | |
|---|---|
 | |
| Court | Supreme Federal Court |
| Full case name | Arguição de Descumprimento de Preceito Fundamental 442 (Socialism and Liberty Party (PSOL) v. President of the Republic) |
| Started | 8 March 2017 |
| Case history | |
| Related action(s) | ADPF 54 |
| Court membership | |
| Judges sitting | President Justices Unknown as of yet, voting is suspended |
| Case opinions | |
| Decision by | Weber |
| Keywords | |
A positive result in this case would bring Brazilian legislation closer to some of its Latin American neighbors, such as Argentina, Colombia, Cuba, Guyana, Mexico and Uruguay.
Background
| Legal on request: | |
| No gestational limit | |
| Gestational limit after the first 17 weeks | |
| Gestational limit in the first 17 weeks | |
| Unclear gestational limit | |
| Legally restricted to cases of: | |
| Risk to woman's life, to her health*, rape*, fetal impairment*, or socioeconomic factors | |
| Risk to woman's life, to her health*, rape, or fetal impairment | |
| Risk to woman's life, to her health*, or fetal impairment | |
| Risk to woman's life*, to her health*, or rape | |
| Risk to woman's life or to her health | |
| Risk to woman's life | |
| Illegal with no exceptions | |
| No information | |
| * Does not apply to some countries or territories in that category | |
Former Supreme Court minister Rosa Weber was due for mandatory retirement on 2 October 2023.[1] As president, Weber brought the case for deliberation,[2] and as rapporteur, cast the initial, 129-page vote on 22 September 2023 during a virtual session.[1][3][b] Voting on the case was then suspended and will return in-person at a later, unspecified date.[4] She voted in favor of the decriminalization of abortion up to 12 weeks.
She went on to retire on 30 September 2023, leaving the presidency of the court to minister Luís Roberto Barroso.[5] Her successor, as of 13 November 2023 yet to be nominated, will likely not be able to recast a vote in this case.[6]
High Court decision
Judiciary representation
| Supreme Court members | Ministers | Yes | No |
|---|---|---|---|
| Rosa Weber | 1 | 1 | |
| Total | 01 | 01 | 00 |
See also
- Abortion law
- Abortion in Brazil
- ADPF 54 (decriminalization of abortions involving anencephalic fetuses)
Notes
References
External links
- ADPF 442 updates on the Supreme Court's website