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]
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.
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]
^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
