President of the STF does not disqualify discussion in the Senate, but said that the “Constitution does not belong to the Supreme Court, nor to Congress”
The president of STF (Supreme Federal Court), Minister Roberto Barroso, said this Friday (September 29, 2023) that the decriminalization of abortion could still return to the Court’s judgment agenda during his administration. He stated that it is normal for the National Congress to discuss the matter, but believes that the topic is immature for debate.
“Termination of pregnancy is a controversial issue around the world. In some countries this issue was resolved by constitutional courts, in other countries it was dealt with by legislation. I think it’s perfectly normal for an issue as important and divisive to society as this to be debated in Congress as well.”declared the minister.
Watch (2min3s):
Minister Rosa Weber, who preceded Barroso as president of the Court, put the trial of the action dealing with abortion on the agenda on September 19th. The analysis of the case began on September 22, in the Court’s virtual plenary session, a modality in which ministers cast their votes and there is no discussion.
Reporter of the case, Weber voted in favor of the decriminalization of abortion during the first 12 weeks of pregnancy. According to Brazilian law, termination of pregnancy It is only permitted in 3 cases: pregnancy resulting from rape, risk to the woman’s life and fetal anencephaly.
However, after the rapporteur’s vote, Barroso asked for prominence, which took the action to the physical plenary of the STF. The resumption of the analysis of the case will depend on the minister himself, since, as president of the Court, the magistrate has the prerogative to define the agenda for the trials.
With the analysis of the case in the Supreme Court, the opposition in the Senate came together to hold a plebiscite on abortion. On Tuesday (September 26), the leader of the Opposition in the House, Rogério Marinho (PL-RN), announced the officialization of the request for consultation with the population. The measure was filed in the Senate with 45 signatures.
In this Friday’s interview, Barroso said that the debate on the subject “perhaps” is not yet “mature”. He highlighted that the issue “fhey proposal before the STF” and that everything that reaches the Court “it needs to be judged at some point“.
“[É] a delicate issue because it involves respectable religious feelings“, he said. According to the minister, the agenda requires a more in-depth debate, but he did not rule out the possibility of the discussion returning to the Court’s plenary during his term.
“A Constitution does not belong to the Supreme Court, nor to Congress”he declared.
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