ADPF 54

ADPF 54 is a landmark case of the Supreme Court of Brazil. The minister relator Marco Aurélio Mello voted in favor of decriminalization of abortions involving anencephalic fetuses.[1]

ADPF 54
CourtSupreme Federal Court
Full case nameADPF 54 (National Confederation of Health Workers (CNTS) v. President of the Republic)
DecidedApril 12, 2012 (2012-04-12)
Citation(s)Supreme Court of Brazil decriminalized the abortion of anencephalics in the country
Court membership
Judge(s) sittingPresident

Cezar Peluso

Justices

Case opinions
Decision byAurélio
ConcurrenceBritto, Lúcia, Mendes, Barbosa, Mello, Fux and Weber
DissentPeluzo and Lewandowski
Keywords

High Court decision

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.
Supreme Court of Brazil.

Judiciary representation

Supreme Court members Ministers Yes No
Ayres Britto 1 1
Cármen Lúcia 1 1
Celso de Mello 1 1
Cezar Peluso 1 1
Gilmar Mendes 1 1
Marco Aurélio Mello 1 1
Rosa Weber 1 1
Joaquim Barbosa 1 1
Luiz Fux 1 1
Ricardo Lewandowski 1 1
Total 10 08 02

Legislative representation

Prosecutor General Prosecutor Yes No
Roberto Gurgel 1 1
Total 1 1 0

Executive representation

Attorney General Attorney Yes No
Luís Inácio Adams 1 1
Total 1 1 0

Amici curiae

Amici curiae (Support for ADPF 54) (11)
Anis (Institute of Bioethics, Human Rights and Gender) Adef (Association of Family Development) Federal Council of Medicine Federal Deputy José Pinotti (DEM-SP) School of People and National Feminist Network of Health, Sexual and Reproductive Rights Brazilian Federation of Gynecology Brazilian Federation of Obstetrics Brazilian Society of Clinical Genetics Brazilian Clinical Society of Fetal Medicine Brazilian Clinical Society for the Progress of Science Catholics for the Right to Decide (CDD)[2]
Amici curiae (Against ADPF 54) (3)
National Association Pro-Life and Pro-Family National Conference of Brazilian Bishops (CNBB) Universal Church of the Kingdom of God

See also

References

  1. "Abortion of Anencephalics in Brazil" (in Portuguese). Archived from the original on 2015-11-17. Retrieved 2012-04-11.
  2. pt:Católicas pelo Direito de Decidir
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