The STF (Supreme Federal Court) formed a majority against the precautionary measure of Luís Roberto Barroso what released nurses and nursing technicians to perform legal abortion.
Minister Gilmar Mendes was the first to vote and disagreed with the rapporteur. Ministers Cristiano Zanin, Flávio Dino, Nunes Marques, André Mendonça, Alexandre de Moraes and Dias Toffoli followed the divergence.
The case is analyzed by the virtual plenary of the Supreme Court, where there are no debates between ministers. The other magistrates have until next Friday (24) to cast their votes.
Barroso had granted an injunction authorizing nurses and nursing technicians to assist in legal abortions, when carried out using medication and in the early stages of pregnancy — which would be within their competences. This means that professionals could not be criminally punished for assisting in procedures.
The minister justified the vote by saying that recognizing the limitation of abortion only to doctors contributes to the “vacuum of care” and the violation of fundamental rights of girls and women victims of sexual violence.
When opening a disagreement, Gilmar said that “there is no new fact that justifies Barroso’s monocratic action.”
“As we know, the granting of a precautionary measure presupposes the concomitant presence of legal requirements, given that the absence of any of them prevents the granting of precautionary measures”, continued Gilmar.
Currently, Brazilian legislation allows abortion in three cases: risk to the pregnant woman’s life, pregnancy resulting from rape and pregnancy with an anencephalic fetus.
According to data cited in the action, around 16 thousand girls between 10 and 14 years old become mothers each year in the country, and there are only 166 hospitals qualified to perform legal abortions throughout the country.
In his decision, Barroso highlighted that child pregnancy is a violation of the principle of full child protection, guaranteed by article 227 of the Constitution.
Decriminalization of abortion
Earlier on Friday, Barroso was also in favor, in another process, of allowing abortion up to the 12th week of pregnancy. Gilmar, in turn, asked for prominence and stopped the case.
The score is 2 votes in favor of decriminalization.
