29 März 2022
Two Heads, One Crisis
The President of the Chamber of Deputies has just authorized the creation of a working group to discuss the possibility of adopting a semi-presidential system of government in Brazil. With the successive political crises since the promulgation of the constitution culminating in two successful impeachments, a growing number of voices are expressing support for the adoption of a semi-presidential system. It is unlikely, however, that such reform will bring political stability by itself. Continue reading >>
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16 Dezember 2021
‚Don’t Snoop on Me‘
For the past twenty years, Brazil has been torn between the paths of public security and mass surveillance, and of reaffirming human rights, especially the right to privacy. An interesting duality has emerged: on the one hand, the creation of a robust regime in terms of data protection and, on the other, a wholehearted acceptance of facial recognition technology. 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 >>22 Februar 2021
COVID-19 in Brazil: A Sick Constitutional Democracy
In the first half of January 2021, Brazil had already counted more than 200,000 deaths and 8 million people diagnosed with COVID-19. Throughout 2020, the responses from the federal government, which should have taken on a coordination role considering the federalised National Health Service (SUS, Sistema Único de Saúde), were confusing and inefficient. Doubts and scepticism spread by the federal executive undermined the work of governors and mayors and, mirroring the American example, contributed to increase the number of cases and casualties. Continue reading >>
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19 Februar 2021
Brazilian Democracy Under Military Tutelage
The relationship between the military and the civilian government is one that has defined the whole constitutional history of Brazil and could pave the way for a collapse of democracy. A few days ago, former Army General Villas Bôas revealed in an interview how the armed forces exercised pressure in 2018 against the Federal Supreme Court in the case of former President Lula. The threats made by General Villas Bôas demonstrate the fragility of the Brazilian democracy. Conflicts between the military and courts have been growing, and Bolsonaro has intensified the situation by increasingly involving military personnel in politics and making access to guns easier for the general public. Continue reading >>19 August 2020
Abortion in Times of Disinformation
It should have been as straightforward as that. A ten-year-old is raped and now is pregnant. According to Brazilian law, she has the right to terminate her pregnancy at will. However, the girl from our tale yet again has her most fundamental rights violated. Continue reading >>
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31 Juli 2020
No Need for a New Constitution in Brazil
In two recent articles, published in English and Portuguese, Professor Bruce Ackerman argued that the roots of Brazil’s political crisis, with the rise of extremist factions to power, is the 1988 Constitution and the presidential system it established. Under Ackerman’s account, the best response to such crisis would be to convene a new Constituent Assembly in 2023 in order to set up a parliamentary system, while also allowing the constituent delegates to “reconsider key decisions by the Assembly of 1988”. In this article, we intend to engage in this debate by explaining why the intent to promulgate a new Constitution might make things even worse. Continue reading >>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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