| ADPF 442 | |
| Court: | Supreme Federal Court |
| Full Name: | Arguição de Descumprimento de Preceito Fundamental 442 (Socialism and Liberty Party (PSOL) v. President of the Republic) |
| Related Actions: | ADPF 54 |
| Number Of Judges: | 11 |
| Judges: | President
Justices Unknown as of yet, voting is suspended |
| Decision By: | Weber |
ADPF 442 is an ongoing case of the Supreme Court of Brazil concerning the decriminalization of abortion, in any circumstance, up to 12 weeks of pregnancy.[1] As it stands, the Brazilian Penal Code prohibits abortion except in cases of rape and risk to the mother's life, and in the case of anencephalic fetuses (see ADPF 54).
A positive result in this case would bring Brazilian legislation closer to some of its Latin American neighbors, such as Argentina, Colombia, Cuba, Guyana, Mexico and Uruguay.
Former Supreme Court minister Rosa Weber was due for mandatory retirement on 2 October 2023.[1] As president, Weber brought the case for deliberation and,[2] as rapporteur, cast the initial, 129-page vote on 22 September 2023 during a virtual session.[1] [3] Voting on the case was then suspended and will return in-person at a later, unspecified date.[4] Weber voted in favor of the decriminalization of abortion up to 12 weeks.
Weber went on to retire on 30 September 2023, leaving the presidency of the court to minister Luís Roberto Barroso.[5] Flávio Dino, Weber's successor to the court set to take office on 22 February 2024,[6] will likely not be able to recast a vote in this case.[7]
| Supreme Court members | Ministers | Yes | No |
|---|---|---|---|
| Rosa Weber | 1 | 1 | |
| Total | 01 | 01 | 00 |