The next steps in the abortion trial at the STF

The president of the Federal Supreme Court (STF)minister Rosa Webervoted, on Friday (22), in favor of decriminalization of abortion up to the 12th week of pregnancy, but a prominent request from the minister Luís Roberto Barroso held the trial in the virtual plenary and will take it to the physical plenary of the Court.

There is still no date for the trial in the STF plenary, and, according to political analyst Thais Arbex, the future president of the Court — Barroso — is in no hurry regarding the issue, which should remain shelved for a while.

Barroso indicated internally that he had no plans to discuss the topic. According to the minister, after taking command of the Supreme Court, he intends to calmly analyze the opportune moment to take the debate to the physical plenary.

According to members of the court, the request for prominence was agreed between Barroso and Weber.

According to reports, although the minister believes it is a matter for the physical plenary — with oral arguments and debate among ministers —, she chose the virtual system to be able to vote before her compulsory retirement. The minister must leave the STF by October 2nd, when she turns 75.

Social and political pressures

Barroso’s decision to take the analysis of the topic to the physical plenary pleased members of the evangelical bench, who celebrated the minister’s request.

According to deputies interviewed, the understanding is that the chances of blocking decriminalization are increasing and, therefore, they are already planning measures to publicly pressure the Court, such as actions on the networks and street demonstrations.

They were on alert following the vote of Minister Rosa Weber, who defended the removal of punishment for women in the case of abortions carried out up to the 12th week of pregnancy.

Evangelical parliamentarians are opposed to abortion under any circumstances and see the trial as a way to make the practice more flexible.

Furthermore, the opposition in the Senate has already gathered almost 40 signatures for a proposal to hold a plebiscite on abortion, according to senator Rogério Marinho (PL), leader of the group in the House.

According to Marinho, it is necessary to understand whether society’s thinking has changed on the topic and whether there is a clamor for changes in legislation. “If society expresses its desire for changes, there will be a commitment from the Legislature to act”, it says.

In the view of Marinho and opposition colleagues, the prerogatives of congressmen are being undermined. “Congress is being run over”it says.

It is expected that progressive politicians and social movements will also pressure judges to approve decriminalization.

The public discussion about abortion has been used in the electoral field for years and should mobilize debates across the country.

Change in voting

The change in the decision-making environment does not affect Weber’s vote. In June last year, the Supreme Court decided that, if there is a request for prominence in processes with trials initiated in the virtual environment, the votes cast by ministers who subsequently leave the position, due to retirement or other reason, will be valid.

Weber’s interlocutors believe that the president of the Supreme Court did not want to give up her vote on an important issue for women.

The minister made a point of maintaining the action in her own office when she assumed the presidency of the STF. Generally, the collection of cases is passed on to the minister who is being replaced in charge of the court.

Rosa Weber’s vote

The minister argued that women should have the prerogative to decide whether to terminate the pregnancy, as long as the procedure is carried out within the first trimester of pregnancy.

“There is no talk of protecting the value of human life without also considering the rights of women and their dignity as fundamental and human rights”,

he wrote.

Weber also stated that public authorities must promote and protect the sexual and reproductive rights of women and adolescents from a public health perspective.

The right to a safe procedure, argues the minister, tends to reduce maternal mortality rates.

She further argued that women are subject to failures in contraceptive methods and, faced with this risk, they need to have autonomy to decide their “life project”.

“The criminalization of the conduct of voluntarily terminating a pregnancy, without restriction, does not pass the test of the sub-rule of necessity, as it hits the core of women’s rights to freedom, self-determination, intimacy, reproductive freedom and their dignity”,

stated the minister.

*With information from CNN Brasil

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