Barroso leaves Supreme Court with vote to decriminalize abortion

Luís Roberto Barroso used his final moments as Supreme Court justice to do what he long signaled he would: cast a vote to decriminalize abortion in Brazil. Late on Friday, he sided with former Chief Justice Rosa Weber (who is also retired), who had opened the landmark case with a vote for decriminalization up to the 12th week. So far, only the two have voted on the case.

In a separate ruling the same night, Barroso also issued an injunction allowing nursing professionals to assist in lawful abortion procedures — a decision a majority of the court quickly moved not to maintain in an extraordinary virtual session.

Barroso’s vote — a powerful symbolic gesture marking the end of his tenure — does not alter the timeline of this landmark trial. Only Chief Justice Edson Fachin has the authority to return the abortion case to the court’s agenda, and there is no indication of when that might occur.