Barroso may vote to decriminalize abortion before leaving the Supreme Court.
Supreme Court Justice considers registering his vote on the decriminalization of abortion in the final days of his term, after announcing his early retirement.
247 - The imminent retirement of Luís Roberto Barroso from the Supreme Federal Court (STF) has generated a series of speculations about the future of controversial and highly relevant social judgments. Last Thursday (9), the minister announced his decision to bring forward his retirement, but made it clear that he will still conclude votes in cases he requested to review, such as the action on the decriminalization of abortion up to the 12th week of gestation. This action, presented by PSOL in 2017, remains without a conclusion from the STF plenary, and the future of the case is shrouded in uncertainty, reports Malu Gaspar, from the newspaper The Globe.
In a press conference, Barroso commented on the delicate moment the country is experiencing and the difficulty of making decisions on divisive issues: "We are already living through a moment with many delicate issues happening simultaneously, and the risks of a divisive decision could create an even more turbulent environment in the country," he stated. The minister reinforced that a judge's decisions should not be guided solely by personal matters, but also by "institutional concerns." So far, the only vote recorded in the case was from Rosa Weber, who retired in 2023 and made a point of virtually expressing her opinion on the abortion issue.
Behind the scenes at the Supreme Federal Court (STF), there are discussions about the possibility of Barroso following his colleague's example and registering his vote in the virtual plenary before stepping aside. However, the situation is complex, as the process mobilizes various sectors of society, and the issue remains sensitive. During his presidency of the STF, Barroso showed reluctance to resume the analysis of the case, given the polarization of the topic. Sources close to the minister indicated that one of the alternatives under consideration would be returning the process to the virtual plenary, which would allow Barroso to register his vote without needing to participate in in-person sessions.
Justice Barroso's position on the decriminalization of abortion is already well known. In 2016, the Justice expressed his support for decriminalization in a ruling by the First Panel of the Supreme Federal Court (STF). On that occasion, he, along with Justices Rosa Weber and Edson Fachin, understood that doctors and employees of a clandestine clinic had not committed a crime, but this decision was restricted to that specific case. Regarding the PSOL's action, Barroso had already argued, in 2016, that the criminalization of abortion violated fundamental rights of women, such as autonomy over their own bodies and the physical and psychological integrity of the pregnant woman.
Currently, Brazilian law permits abortion only in cases where the woman's life is at risk or the pregnancy is the result of rape. The PSOL party's action aims to expand this permission, guaranteeing the right to voluntary termination of pregnancy up to the 12th week of gestation, without restrictions. This movement has generated heated debates, especially between groups that support women's rights and those who defend the protection of life from conception.
