25 März 2022
Brazilian Judicial Branch v. Telegram (and Bolsonaro)
On March 18, 2022, the Brazilian Federal Supreme Court Justice Alexandre de Moraes suspended Telegram’s functioning in Brazil through an individual injunction. In brief, the platform was blocked because its owners ignored their duty to cooperate with the Brazilian state in the repression of the illicit activities committed over the platform. However, only analyzing the issue’s core misses one of its essential surrounding elements: the direct interest of President Jair Bolsonaro in the free operation of the platform and the growing antagonism between him and Justice Alexandre de Moraes. Continue reading >>
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05 November 2021
A Portrait of Bolsonaro’s Crimes Against Humanity
On 26 October 2021, after six months of investigative procedures, a legislative inquiry committee in the Brazilian Senate presented a report charging President Jair Bolsonaro (along with some of his most committed supporters) not only with impeachable conducts, but also with ordinary crimes and possible crimes against humanity. Although it is unlikely that the committee’s report will trigger impeachment or lead to a criminal indictment of Bolsonaro before the end of his term, it has already played a fundamental truth-finding role. Continue reading >>
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04 Oktober 2021
Indigenous Rights and the “Marco Temporal”
At the end of August 2021, Brazil witnessed the largest indigenous mobilisation in its history. Organised by the Articulation of Indigenous Peoples of Brazil (APIB), more than five thousand indigenous people from 117 different groups set up camp in Brasilia, the capital city of the country. Under the slogan “Fight for Life: our history does not begin in 1988”, indigenous groups from all over the country mobilised the public opinion in protest against the further erosion of their rights. Continue reading >>
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23 Juni 2021
Military Justice, Journalism and Free Speech in Brazil
On 17 June, 2021, the Attorney-General of the Brazilian Federal Supreme Court affirmed that, in the government's view, the Military Justice has competence to try civilians accused of criminal offences against the honor of military institutions. He proposed that crimes related to the freedom of speech should be tried by a special military branch of the judiciary. The attacks on free speech by the government through the Attorney-General is another sign of the democratic erosion process. Continue reading >>
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14 Juni 2021
Defending Democracy with Authoritarian Means
Brazilian Congress is currently discussing a legislative proposal to replace the current Law of National Security, enacted during the time of the military dictatorship in Brazil. It revokes the current Law of National Security and introduces a new section to Brazil’s Criminal Code defining various crimes against democracy, such as political violence, the dissemination of fake news in electoral campaigns and sabotage against democratic institutions. Continue reading >>28 Mai 2021
The Amazon Rainforest under Attack
On 13 May, the Brazilian lower house approved a controversial Bill on Environmental Licensing. The Bill has yet to receive the Senate’s final approval, but it has already attracted much criticism. The actual target of the Bill is thinly veiled: The Amazon region, where it could lead to increasing deforestation. The Bill is just another step in the regressive, anti-environment agenda implemented by the current Brazilian government. Continue reading >>19 Mai 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 >>12 März 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 Januar 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 Januar 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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