The Rule of the Courts

The Role of Courts in Guaranteeing Fundamental Rights

– ultimately resulting in his electoral defeat and the inauguration of President Lula for a new term. Following the election, Bolsonaro’s support base invaded the Praça dos Três Poderes, engaging in acts of vandalism and destruction in an attempted coup d’état. Although the coup attempt failed, the STF once again assumed central prominence by overseeing investigations and proceedings involving allegations of attempted coup, abolition of the democratic rule of law, attacks on vaccination policies, persecution of political opponents, and abuse of public office, among others. This context renewed debates surrounding the prominence of Justice Alexandre de Moraes, including allegations of partiality and abuse of authority, as well as renewed concerns over whether the Judiciary – particularly the STF – might be violating constitutional guarantees of due process and the right to defense, similar to the accusations raised during Lava Jato operation . While these issues are numerous and cannot be fully addressed here, a succinct assessment suggests that, despite legitimate concerns regarding the methods employed and potential antidemocratic risks, these situations are not easily comparable. A coup attempt creates an extraordinary reality that may require exceptional forms of institutional control. The disruption of democratic normality arises directly from the actions of coup plotters, and judicial responses may therefore involve extraordinary measures that are necessary, reasonable, and proportionate to the risks imposed. In this context, the Judiciary appears to protect – rather than weaken – democracy and fundamental rights. Nevertheless, significant challenges remain. Chief among them is the need to design judicial institutions and operational practices that do not contribute to the erosion of public trust in the Judiciary as a guardian of democratic order and fundamental rights. Democratic systems and the protection of human rights depend on a Judiciary endowed with high credibility. Such credibility derives from its recognition as an institution that delivers justice through the application of rights understood as paradigmatic achievements of the civilizational process. Accordingly, the Judiciary must pursue rigor, respect for the separation of powers, decisional consistency, and constant concern for preserving its institutional reputation. In these respects, the Brazilian Judiciary still has much to improve.

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