19 May 2021
Academic Freedom Under Attack in Brazil
Can the chief of a constitutional organization akin to an ombudsman prosecute a law professor who criticized him in a newspaper article? Apparently, because Brazilian Prosecutor General just filed a complaint against Constitutional Law Professor Conrado Hübner Mendes. This attack follows a wave of democratic erosion that includes attacks on universities, intellectualism, and the diversity of ideas. Continue reading >>
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12 March 2021
Lula’s Power is Brazil’s Arm
On 8 March 2021, Judge Edson Fachin from the Brazilian Supreme Court made a decision that frees former President Lula from all his convictions. This might decisively affect the course of the next presidential elections in Brazil, in 2022, as it puts former President Lula back in the presidential race. Perhaps even more importantly, its consequences might help in the fight against the Covid-19 crisis in Brazil. Continue reading >>
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30 January 2021
A Bolsonarist Cat Among the Pigeons
While the election of Kassio Nunes Marques in September 2020 was initially met with relief by some as he had no known links to the government, the new justice of Brazil’s Supreme Federal Tribunal (STF) has since demonstrated his fidelity to the president that elected him. This could play a significant role in the future of Brazil given his likely being the deciding vote in an upcoming case on the existing conviction of former president Luiz Inácio Lula da Silva. Continue reading >>06 January 2021
The Brazilian Constitution Hanging by a Thread
In a December judgement, the Brazilian Supreme Court finally prohibited the re-election of the president of the House of Representatives, which had been practice for decades despite being in direct violation of the Brazilian constitution. In 2020, there has been unequivocal interest in the position of president of the House of Representatives as it holds the constitutional power to initiate an impeachment process, threatening president Bolsonaro. Although the Court ultimately declared the re-election unconstitutional, five dissenting votes of this judgment demonstrate the power of abusive judicial review. Continue reading >>
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19 July 2020
Undercutting Internet Governance in Brazil
On June 30, 2020, the Brazilian Senate approved Draft Bill No. 2.630 of 2020, also known as “The Fake News Bill”. This bill applies to internet platforms with over 2 million users and seeks to address the warranted concerns presented by the recent spread of online disinformation and defamatory content. As it currently stands, the bill does little to address the individuals and organizations who finance the spread of fake news across social media platforms in Brazil. It also poses threats to user privacy, access to the internet, and freedom of association. Continue reading >>
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16 June 2020
Judicial Responses to Bolsonarism: The Leading Role of the Federal Supreme Court
Criticism against the Brazilian judiciary, especially the Supreme Court, has been on the rise in the past couple of decades. Under Jair Bolsonaro’s presidency, however, courts are experiencing a more radical and dangerous form of opposition, which transcends the borders of legitimate criticism and undertakes a direct attack on the judicial branch. This must be understood in light of the Federal Supreme Court’s backlash against Bolsonaro’s maneuvers to flame his supporters and violate the Brazilian Constitution of 1988. This article aims at recollecting the most important rulings and procedures that take part in this reaction. Continue reading >>04 June 2020
The ‘Constitutional Military Intervention’: Brazil on the Verge of Democratic Breakdown
After numerous judicial defeats in the past couple of months, Bolsonaro chose to travel down the path of intimidation and defiance rather than institutional reform: Through dubious constitutional interpretation, he and his supporters are ascribing to the armed forces the role of a "constitutional moderator" in order to undermine the independence of the Supreme Court. Continue reading >>02 May 2020
Impeachment, und dann?
In den letzten Tagen wurde Brasilien von der gravierendsten politischen Krise seit dem Antritt der aktuellen Regierung erschüttert: Sergio Moro, der Superjustizminister des Kabinettes Bolsonaros, ist wegen interner Dispute mit dem Präsidenten zurückgetreten. Gleichzeitig schwindet Bolsonaros Rückhalt im Parlament, was auch ein Amtsenthebungsverfahren gegen ihn wahrscheinlicher werden lässt. Tatsächlich haben die letzten Jahre jedoch gezeigt, dass das Amtsenthebungsverfahren kein wirksames Mittel ist, um die Stabilität und somit die Demokratie Brasiliens zu stärken. Continue reading >>
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10 April 2020
Pushing the Boundaries of Legal Normality
The Brazilian Emergency Constitution is still dormant, instead “legislative and executive apparatuses” are used to “enforce measures for protecting public health”. But that does not mean, that emergency powers in Brazil are not yet in reach: While we patiently wait for the Emergency Constitution to wake up from its doctrinal sleep, legislation has already bypassed it and is venturing into uncharted territory. Continue reading >>
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08 April 2020