The president of the Federal Supreme Court (STF), Minister Rosa Weber, scheduled the start of the trial that deals with the decriminalization of abortion up to 12 weeks of pregnancy for next Friday (22). The topic will be judged in a virtual plenary session after an action filed in 2017 by the Socialism and Freedom Party (PSOL) and the Anis Instituto de Bioética.
The Claim of Non-Compliance with Fundamental Precepts (ADPF) asks the STF ministers to evaluate two articles of the 1940 Penal Code that deal with punishments in the case of abortion in the country. According to ADPF’s arguments, the current norm violates fundamental precepts of human dignity by criminalizing women.
:: “Criminalization created an illegal and parallel abortion market in Brazil”, says Silmara Conchão ::
The ADPF asks the STF to suspend arrests in the act, police investigations and processes based on articles 124 and 126 of the Penal Code in cases of termination of pregnancy up to the 12th week. The articles provide for punishment for a pregnant woman who causes an abortion herself, for third parties who allow the abortion and for anyone who terminates a pregnancy with the pregnant woman’s consent.
Currently, Brazilian law already establishes legal abortion in cases of rape, risk to the pregnant woman’s life or anencephalic fetuses (without a brain).
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Rosa Weber is the case’s rapporteur and will present her vote on Friday (22). Weber must retire by October 2, when she turns 75, and her vote will be preserved even after leaving the Court.
According to g1, sources from the Supreme Court estimate that a minister may request a review of the process, that is, more time to analyze the issue. Magistrates will be able to enter their votes into the system until September 29th.
Editing: Vivian Virissimo