ADPF 442

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]

ADPF 442
Court	Supreme Federal Court
Full case name	Arguição de Descumprimento de Preceito Fundamental 442 (Socialism and Liberty Party (PSOL) v. President of the Republic)
Started	8 March 2017 (2017-03-08)
Case history
Related action	ADPF 54
Court membership
Judges sitting	President Rosa Weber Justices Unknown as of yet, voting is suspended
Case opinions
Decision by	Weber
Keywords
Abortion in Brazil Abortion law

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.

Background

Legality of abortion by country or territory

Legal on request:
	No gestational limit
	Gestational limit after the first 17 weeks
	Gestational limit in the first 17 weeks
	Unclear gestational limit
Legally restricted to cases of:
	Risk to woman's life, to her health*, rape*, fetal impairment*, or socioeconomic factors
	Risk to woman's life, to her health*, rape, or fetal impairment
	Risk to woman's life, to her health*, or fetal impairment
	Risk to woman's life*, to her health*, or rape
	Risk to woman's life or to her health
	Risk to woman's life
	Illegal with no exceptions
	No information
* Does not apply to some countries or territories in that category

Note: In some countries or territories, abortion laws are modified by other laws, regulations, legal principles or judicial decisions. This map shows their combined effect as implemented by the authorities.

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][b] 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]

High Court decision

Judiciary representation

Supreme Court members	Ministers	Yes	No
Rosa Weber	1	1
Total	01	01	00

See also

• Brazil portal

• Abortion law
• Abortion in Brazil
• ADPF 54 (decriminalization of abortions involving anencephalic fetuses)

Notes

1. The following explicit mentions to voluntary abortion on the Decreto-Lei Nº 2.848 of 7 December 1940 (a.k.a. Penal Code of Brazil) outline its current legality in Brazil:

   • Art. 124: causing abortion in oneself, or consenting to someone else causing it: 1 to 3 years in prison (detention)
   • Art. 126: causing abortion with the consent of the pregnant person: 1 to 4 years in prison (reclusion, see Reclusão [pt])
   • Art. 128: abortion practiced by a doctor is not punishable:
     • I) If there is no other way to save the life of the pregnant person;
     • II) If the pregnancy is a result of rape and the abortion follows consent of the pregnant person or, when incapable, her legal representative

   See also: Abortion in Brazil.
2. Minister Rosa Weber's 129-page vote is available, in full, here.