The Minister of the Federal Supreme Court (STF) Luís Roberto Barroso voted this Friday (17) in favor of the decriminalization of abortion up to the 12th week of pregnancy. With the minister’s vote, the The trial score is 2 votes to 0 for decriminalization. 
Barroso’s vote on the issue is the minister’s last position in the Supreme Court. Starting this Saturday (18), Barroso will leave the Court after announcing early retirement from office.
The vote was given in the trial of an action filed by the PSOL, in 2017. The party defends that the interruption of pregnancy until the 12th week ceases to be a crime. The party claims that criminalization affects human dignity, especially poor black women.
According to Brazilian legislation, abortion is only permitted in the case of rape, a risk to the health of the pregnant woman and anencephalic fetuses.
According to the minister, the termination of pregnancy should be treated as a “public health issue”, and not by criminal law.
“The real discussion is not whether to be against or in favor of abortion. It is to define whether the woman who goes through this misfortune should be arrested. That is to say: whether the State should have the power to order the police, the Public Prosecutor’s Office or the judge to force a woman to have the child she does not want or cannot have, for reasons that only she should decide. And, if she does not agree, send her to the prison system”, he said.
Barroso also added that the ban on abortion penalizes poor women.
“Criminalization penalizes, above all, poor girls and women, who cannot resort to the public health system to obtain information, medication or adequate procedures. People with better financial conditions can cross the border with Uruguay, Colombia, go to Europe or use other means to which the middle and upper classes have access,” he said.
The minister also said that he is not in favor of abortion.
“The role of the State and society is to prevent it from happening, providing sexual education, distributing contraceptives and supporting women who want to have a child and are in adverse circumstances. I make this very clear for anyone who wants, in good faith, to understand what this is truly about”, he said.
Religion
Finally, the minister said that he respects religious traditions that do not agree with the termination of pregnancy, but questioned whether women should be arrested for carrying out the conduct.
“The Judeo-Christian tradition condemns abortion. There must be deep respect for people’s religious feelings. But is the golden rule, underlying both traditions – treating others as you would like to be treated – better fulfilled by throwing the woman who goes through this drama into prison?”, he added.
Suspension
THE case began to be judged in September 2023, when the then minister Rosa Weber voted in favor of terminating the pregnancy. Then, Barroso asked to see the process.
Earlier, the minister asked for a virtual session to be called to vote on the issue.
The session began at 8 pm, but was soon interrupted by a request for a highlight made by Minister Gilmar Mendes, a measure that suspended the trial.
