“it’s bad public policy”

The president of the Federal Supreme Court (STF), minister Luis Roberto Barroso, criticized this Monday (6) the criminalization of abortion. The minister said that criminalizing the procedure would be a “bad public policy” not adopted in “any developed country”.

“The practice of abortion should be avoided, but criminalizing the procedure leaves Brazil behind several countries, including Argentina and Colombia. What we are discussing is whether we think whether or not a woman should be arrested for it. What does What we are discussing is whether to criminalize it”, declared Barroso during Macroday, an event held by BTG.

In Brazil, according to the Penal Code, abortion is a crime, not punished when the pregnancy is the result of rape or there is a risk to the mother’s life. In 2012, the STF defined that the abortion of anencephalic fetuses should also not be punished.

>>> SPECIAL: Defense of life: why abortion should not be legalized in Brazil

During the event, the minister spoke about the STF trial of ADPF 442, which attempts to decriminalize abortion up to the 12th week of pregnancy. The trial was suspended on September 22, after former minister Rosa Weber, rapporteur of the process, voted in favor of decriminalization and Minister Barroso highlighted the transfer of the trial from the virtual plenary to the physical plenary.

Despite the president of the Court highlighting his position in favor of decriminalization, he assured that he should not discuss the matter at the moment as he understands that the discussion must still “mature” in society. According to Barroso, “it is necessary to understand what is judged in the STF and dissociate it from the idea that the discussion is around the procedure”.

Regarding the controversial trials that must pass through the Court, Barroso denied the idea of ​​”judicial activism” and said that the Supreme Court is not changing what is provided for in the Constitution. For him, judicialization makes it possible for issues from all areas to reach the Court. “The Supreme Court does not interfere in what it should not do, but rather fulfills a constitutional obligation,” said Barroso.

The minister also denied a “crisis” between the Legislature and the Judiciary and highlighted that discussions about the Supreme Court in the Senate are “valid” and are within the prerogative of the Upper House. “I don’t see tension between powers, I see each person playing their role”, he declared.