13 September 2024
Story of a Death Foretold
On 30 August 2024, the Brazilian Supreme Federal Court Justice Alexandre de Moraes suspended X (former Twitter) in Brazil. The decision follows a critical deterioration of the relationship between Elon Musk and Brazilian authorities, which became confrontational in April and hit an all-time high point of contention when the tech billionaire closed X's Brazilian office in mid-August. While Musk's attitude towards the Brazilian rule of law can be defined as delinquent, entitled, and anarchist, the Supreme Court’s decision to ban the platform in the country and establish hefty fines for any Brazilian attempting to use a VPN to access it is also controversial. Within the complexity of democratic erosion and digital policy in Brazil, the judicial expansion of power vis-à-vis the struggle against disinformation has been observed at least in the last five years, and the lack of a general legal framework regulating digital platforms supports these immediate but many times inefficient and legitimacy eroding measures. Continue reading >>
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09 July 2024
Unwritten Constitutional Law as a Brazilian Constitutional Category?
Brazilian constitutional law is profoundly marked by the ideal of codification. In this context, the ‘unwrittenness’ of certain constitutional problems is usually not treated as such. This is especially intensified through the size and textual openness of the Brazilian Constitution. Yet unwritten constitutional normativity plays (and can play) arguably a decisive role in Brazilian constitutionalism. Could one then articulate unwritten constitutional law as a Brazilian constitutional category? Continue reading >>
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12 May 2024
Bertha Maria Júlia Lutz
Bertha Maria Júlia Lutz was an acknowledged scientist, a women’s rights activist, a politician, and a diplomat. Mostly known for being one of four women to sign the United Nations Charter in 1945 and assuring the inclusion of the rights of women in its preamble, she also played a vital role in attaining women’s suffrage in Brazil. Continue reading >>
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04 July 2023
Bolsonaro Faces the Rule of Law
On 30 June 2023, the Brazilian Electoral Superior Court ruled that former President Jair Bolsonaro is disqualified from running for any electoral position for the next eight years. Although there are fifteen other electoral actions brought against Bolsonaro by other political parties or by public electoral prosecutors, most of which refer to accusations of attempting to compromise the integrity of the 2022 elections, this was the first case to reach Brazil’s highest electoral court. Despite there being a precedent, the ruling is not a legal innovation, but the mere application of existing laws. Continue reading >>
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08 May 2023
Accountability in Brazil
The end of Jair Bolsonaro’s presidency is far from marking a return to normality in Brazil. After the riots of 8 January, which aimed to create the conditions for a coup in Brazil, authorities and institutions had to deal with several turbulences and the issue of Bolsonaro's responsibilization has been a permanent concern. To evaluate the efficacy of these responses, it is important to discuss how these institutions have been dealing with Jair Bolsonaro’s legacy. Moreover, it is equally important to understand the challenges President Lula is facing, which are partly due to the difficulty to reach political compromises. The recent police raids that seized documents and devices in Bolsonaro’s house, and arrested some of his direct aids, adds complexity to the situation, as we will attempt to explain. Continue reading >>
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06 November 2022
Brazilian Presidential Elections Results
On the 30th of October 2022, Brazilian citizens typed the electronic ballots to choose the president for the next four years' term in the runoff between Jair Bolsonaro and Luís Inácio Lula da Silva. The very close results mirrored the radical polarization that has been haunting the country for at least the last ten years. Lula received 50.9% of the valid votes, whereas Bolsonaro was chosen by 49.1% of the electors. At the time of this writing, Bolsonaro has not conceded. Continue reading >>
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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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29 March 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 >>16 December 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 June 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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