During a trial that began virtually on Friday, Brazilian Supreme Court President Rosa Weber voted in favor of decriminalizing abortion up to 12 weeks of gestation.
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The judge, who is the rapporteur of the case, considers that the prohibition of abortion in cases of rape and risk to the mother affects women's rights to freedom, self-determination, privacy, and dignity.
The current norm is excessive and disproportionate since it gives absolute priority to the protection of the fetus and does not protect women's fundamental rights, Weber said.
The most effective institutional design for the protection of the fetus and women is not criminalization but public policies that prevent unwanted pregnancies, she added.
Weber, who will retire in October when she turns 75, had already expressed her intention to cast her vote before leaving office. For this reason, she opened a virtual voting period.
In October, the presidency of the Brazilian Supreme Court will be assumed by Luis Roberto Barroso, who has already asked to move the trial to in-person mode.
There is still no date for the continuation of the trial, which can be extended indefinitely if any of the eleven judges request more time to analyze the case.
The legal action was filed in 2017 by the Socialism and Liberty Party (PSOL), which considers that the abortion ban violated women's right to equality, dignity, freedom, and health.