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Brazilian Abortion Case—National Confederation of Health Workers (CNTS) v. President

Claim of Breach of Fundamental Precept no. 54 (2012)

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Brazilian Abortion Case—National Confederation of Health Workers (CNTS) v. President

Brazil Supreme Court
Claim of Breach of Fundamental Precept no. 54 (2012)

Facts

The National Confederation of Health Workers (CNTS) (plaintiff) raised a claim before the Brazil Supreme Court, asserting that lower courts were incorrectly interpreting certain criminal provisions to prohibit terminations of fetuses with anencephaly, a fatal fetal abnormality. The CNTS argued that restricting women from seeking abortions in cases of fetal anencephaly violated the dignity of the human person and the right to health protected in Articles 1 and 196 of the Constitution of Brazil. The CNTS requested that the Brazil Supreme Court finding that Articles 124, 126, and 128 of the Brazilian Criminal Code were illegal if interpreted to prohibit therapeutic termination of pregnancy in cases of fetal anencephaly.

Rule of Law

Issue

Holding and Reasoning (Aurélio, J.)

Concurrence (Weber, J.)

Concurrence (Luiz Fux, J.)

Concurrence (Cezar Peluso, C.J.)

Concurrence/Dissent (Mendes, J.)

Dissent (Lewandowski, J.)

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