The Federal Supreme Court (STF) formed a majority to overturn a decision that authorized nurses to participate in pregnancy termination procedures in cases of legal abortion.
To date, seven ministers have voted to “not maintain the injunction” issued by Minister Luís Roberto Barroso, who had authorized these professionals to work in abortion procedures permitted by Brazilian law. In this case, situations in which there is a risk to the pregnant woman’s life, pregnancy resulting from rape and pregnancy with an anencephalic fetus.
Taken on Friday (17), Barroso’s decision is subject to a plenary referendum in an extraordinary virtual session. In the same decision, Barroso also determined that public health bodies cannot create obstacles not provided for by law to the performance of legal abortion.
In general, these restrictions are related to issues involving gestational age or the requirement to register a police report.
Divergence
The divergence from Barroso’s vote was initiated by minister Gilmar Mendes. His vote was supported by ministers Cristiano Zanin, Flávio Dino, Nunes Marques, André Mendonça, Alexandre de Moraes and Dias Toffoli.
According to the STF, the injunction was granted by Barroso in Claims of Non-compliance with Fundamental Precepts (ADPFs) 989 and 1207.
“In the first, civil society entities, such as the Brazilian Society of Bioethics and the Brazilian Association of Public Health, ask for the recognition of the massive violation of fundamental rights in public health due to the barriers to legal abortion. In the second, nursing associations and the Socialism and Freedom Party (PSOL) request that, in addition to doctors, other health professionals be allowed to act in the procedures”, detailed, in a note, the STF.
In the decision, Barroso had ordered the suspension of administrative and criminal procedures, as well as legal processes and decisions, against nursing professionals who provide assistance in the termination of pregnancy in legally permitted cases.
*With information from the STF
