26 September 2022
The Brazilian Federal Supreme Court’s Reaction to Bolsonaro
It is a relatively uncontroversial opinion that the Brazilian president Jair Bolsonaro has undermined the rule of law and its constitutional institutions. This contribution concentrates on the Brazilian apex courts to show how a mix of resilience in day-to-day work and a few confrontational positions played an important role in safeguarding the autonomy and independence of the judicial branch in Brazil during Jair Bolsonaro’s term. Continue reading >>
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24 June 2022
Courts and Cannabis Sativa for Medical Purposes in Brazil
The Brazilian Superior Court of Justice – not the Federal Supreme Court – had recently decided that planting and transporting cannabis sativa aiming at extracting oil for medical ends shall not be treated as a crime. Contrary to the recent allegations of judicial activism made by President Jair Bolsonaro against the Brazilian judiciary, the Superior Court of Justice ruling is a good example of a decision based on the 1988 Constitution, the statutory law referred to in the case and several other authorities contributions, which all helped to construct the court’s arguments, as this post will show. Continue reading >>
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