Dino asks Fachin for information to analyze requests to annul votes from Barroso and Rosa Weber in abortion trial

Dino, who inherited the rapporteurship of the case, analyzes questions from the Union of Catholic Jurists of São Paulo (UJUCASP), the Brazilian Institute of Law and Religion (IBDR) and the National Conference of Brazilian Bishops (CNBB) regarding the procedures adopted for analysis, in the virtual plenary, of the action on October 17, 2025, when the then minister Luís Roberto Barroso voted to release the interruption of pregnancy during this period.

On his last day, the minister asked for an extraordinary session, in the virtual plenary, to present his position. The request was granted by the President of the Court, Minister Edson Fachin.

Shortly after Barroso's vote was presented, minister Gilmar Mendes asked for the topic to be addressed in the in-person plenary. It was the second vote in the Court in favor of the decriminalization of voluntary abortion in the first 12 weeks of pregnancy.

The Union of Catholic Jurists of São Paulo (UJUCASP) and the Brazilian Institute of Law and Religion (IBDR) ask for Barroso's vote to be considered invalid. They argue that the opening of a virtual session on the eve of the minister's retirement, with the purpose of enabling the presentation of his vote, compromised the impartiality of the trial.

The CNBB also wants to annul Rosa Weber's vote. The justification is that the vote to allow abortion was only inserted into the virtual plenary system after a request for the case to be judged in the in-person plenary. The CNBB states that it would not be possible for the other members of the Court to present votes after the in-person plenary session.

According to Dino, "I note that the procedural controversies raised by the amici curiae [friends of the Court] concern the regularity of the acts that preceded and determined the holding of the extraordinary virtual session on October 17, 2025, including regarding the measures adopted within the scope of the presidency of this Court".

Dino drew attention to the fact that the virtual session was included on the agenda of minister Rosa Weber, retired since 2023. According to him, the minister "certainly did not take any action in 2025" to include the process on the trial agenda.