Nunes repudiated action that decriminalizes abortion in the STF – 09/28/2023 – Panel

When he was still a councilor, in 2018, the mayor of São Paulo, Ricardo Nunes (MDB), approved a motion to repudiate ADPF 442 (argument of non-compliance with a fundamental precept), which proposes the decriminalization of abortion in the first 12 weeks of pregnancy.

Presented by PSOL in 2017, the action began to be judged last week at the STF (Supreme Federal Court) and received a favorable vote from Minister Rosa Weber.

Nunes tells the Panel that he maintains the same position he presented at the São Paulo City Council. In August 2018, he presented a complete repudiation of the ADPF in the motion and asked for its disapproval by the STF. He requested that copies of the document be sent to the court ministers.

In the document, he asks ministers to “defend the fundamental right to life, from conception, guaranteeing the right of the unborn child.”

“Everyone has the right to have their life respected. This right must be protected by law and, in general, from the moment of conception. No one can be deprived of life arbitrarily,” says the motion, citing the American Convention on Rights Human Rights (San José de Costa Rica Pact) of 1969.

ADPF rapporteur, Rosa Weber argued, in her vote, that the restrictive formula on abortion currently in force in Brazil does not consider “the equal protection of women’s fundamental rights, giving absolute prevalence to the protection of potential life (fetus)”.

“Thus, I understand that the criminalization of the conduct of voluntarily terminating pregnancy, without restriction, does not pass the test of the subrule of necessity, as it reaches the core of women’s rights
women to freedom, self-determination, intimacy, reproductive freedom and their dignity”, wrote the minister.

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