| ADPF 54 | |
|---|---|
 | |
| Court | Supreme Federal Court |
| Full case name | ADPF 54 (National Confederation of Health Workers (CNTS) v. President of the Republic) |
| Decided | April 12, 2012 |
| Citation(s) | Supreme Court of Brazil decriminalized the abortion of anencephalics in the country |
| Court membership | |
| Judge(s) sitting |
President
Justices |
| Case opinions | |
| Decision by | Aurélio |
| Concurrence | Britto, Lúcia, Mendes, Barbosa, Mello, Fux and Weber |
| Dissent | Peluzo and Lewandowski |
| Keywords | |
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.
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 | |
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) |
| 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 | |