The CNBB (National Conference of Brazilian Bishops) asked the STF (Supreme Federal Court), on Friday (31), to declare the votes of Rosa Weber and Luís Roberto Barroso null and void in the trial on the decriminalization of abortion.
Contrary to decriminalization, the CNBB is part of the process as an amicus curiae, as it is understood by the court as an entity qualified to contribute to the discussions.
As a last act before leaving the STF, in September 2023, Rosa Weber.
The vote took place by the virtual plenary, in a trial scheduled by the minister herself, as, at the time, she held the presidency of the Supreme Court. Weber was also the rapporteur of the process and, therefore, was the first judge to speak out.
In the virtual session, Luís Roberto Barroso called for the physical plenary to be highlighted — which, in practice, interrupted the trial, which has been taking place in the Court since 2017.
Two years later, — but with and . Since then, the .
The CNBB questions whether Barroso’s prominence in 2023 was not presented before Weber’s vote — which would nullify it, as it is not possible to present a vote in a virtual plenary when there is a request for prominence.
The entity also points out that it and other parties in the process were not given time to present their arguments. Thus, Weber’s vote would have taken place in a “session void due to restriction of defense”.
Regarding Barroso’s vote, the CNBB points out that there is no “regulatory provision” for the act of the now former minister, who withdrew his prominence and asked Fachin to call a new virtual session.
“The justification was not the ‘social drama’ of the case, but rather a ‘personal drama’: the ‘exceptional urgency, resulting from my retirement’”, pointed out the CNBB, claiming that there had once again been a restriction on the defense.
“The chronology exposed above reveals a set of irremediable nullities that taint the trial”, adds the CNBB in the request.
After Weber, Barroso was the one who assumed the role of president of the STF, until September 2025. In a period of two years, the .
Without Rosa Weber at the Court, Flávio Dino is the current rapporteur of the action — but he is prevented from voting, as is anyone who takes Barroso’s place.
