Excessive power in the STF threatens Brazilian democracy, says The Economist
In a report published this week, the British magazine The Economist Criticized the performance of the Federal Supreme Court (STF), with special emphasis on Minister Alexandre de Moraes.
The text states that the power accumulated by the judiciary in Brazil in recent decades has become a problem for the full functioning of democracy, along with corruption between elected politicians.
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The analysis points out that, since 2003, all presidents of the Republic have faced accusations of violation of the law. Dilma Rousseff suffered impeachment, Lula was arrested for corruption and Bolsonaro is accused of trying a coup in 2022. However, according to the The Economistthe rise of disproportionate judges, such as Moraes, also represents a threat.
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The magazine acknowledges that the Supreme Court has gained legitimacy by acting in a moment of executive fragility and congressional paralysis. However, he warns that by broadening his influence on topics such as online speech, the court runs the risk of moving away from the expected impartiality of a supreme court.
“The more the Supreme Court seeks to manage the policy, the more you lose popular support,” says the publication, which cites a survey that points out that only 12% of Brazilians evaluate the court as “good” or “great”, compared to 31% in 2022.
The editorial also highlights Moraes’s performance against social networks and digital platforms, such as Elon Musk’s X (former Twitter), and criticizes the lack of transparency in decisions that overturned Bolsonarist accounts. The magazine notes that these measures have often occurred without warning or clear justification, and that Moraes has rejected the proposal of a code of ethics to the Supreme Court.
Another point of concern for The Economist It is the institutional structure that allows a single minister to make decisions with national impact. The so -called monocratic decisions would be a symptom of a judiciary that operates with few brakes and counterweights. The magazine states that the Supreme, currently creates laws that, in other countries, would be the responsibility of elected authorities.
The trial of Jair Bolsonaro, which can be carried out by only five of the 11 STF ministers, is also mentioned as a factor of tension. Two of these five ministers are linked to President Lula, which, according to the magazine, can reinforce the perception of court politicization.
To the EconomyBrazil must urgently discuss the institutional limits of the judiciary. The magazine suggests, for example, that Bolsonaro’s trial is made by the full plenary, that the use of monocratic decisions is reduced and that Congress assumes the leadership in regulating freedom of expression on the Internet.
“Brazilians have already lost faith in two of the three powers. It is essential to avoid a crisis of widespread confidence in the third,” says the magazine.
