Particle.news
Download on the App Store
3 ARTICLES
·
3mo ago

AGU Tells STF Only Doctors Can Perform Legal Abortions

The opinion stakes out the executive branch’s reading of the Penal Code in a pending Supreme Court case on who may provide the procedure.

Image
Aceno: Jorge Messias, em reunião com os senadores Wellington Fagundes (PL-MT) e Jayme Campos (União-MT). O atual AGU depende do Senado para alçar ao cargo de ministro do STF e assumir ação que discute restrição do aborto aos médicos.

Overview

  • The federal solicitor’s office filed its position on Feb. 27 in ADPF 1,207, arguing Article 128 unambiguously restricts lawful abortions to physicians.
  • The submission was signed by AGU lawyer Alessandra Lopes da Silva Pereira and adopted by Attorney-General Jorge Messias, with the AGU publishing a summary on its website.
  • The case, brought by PSOL and health entities including the Brazilian Nursing Association, seeks to allow nurses and technicians to perform abortions permitted by law.
  • Before retiring, Minister Luís Roberto Barroso temporarily allowed trained nurses and technicians to provide early medicated abortions, a decision later overturned 10–1 by the STF plenary.
  • The case awaits a merits ruling without a set date, and the AGU filing has drawn political scrutiny as Messias seeks Senate confirmation after earlier controversy over a CFM resolution.