The Judiciary exercises censorship against conservatives and intervenes politically in the electoral process to benefit a candidate, the leftist. Freedom of expression is threatened in a more dangerous way than under the military regime. The activism of the ministers violates the balance between powers ordered by the Constitution.
No. It is not Venezuela or Nicaragua. It is Brazil. And this is the analysis of Ives Gandra Martins, lawyer, constitutionalist, professor and member of the Brazilian Academy of Philosophy. The greatest living jurist in Brazil.
Is the Judiciary violating the rule of law in Brazil?
I think that the ministers of the Federal Supreme Court are creating a new constitution and a new criminal code based on their interpretation and not according to the thinking of the constituents or the legislative power.
Have the STF and the TSE imposed censorship?
Yes. The ministers understand that censorship is prohibited by the Constitution, but that in very exceptional cases they can go against the Constitution to defend their concept of democracy, which obviously creates monumental legal insecurity. However, article 102 of the Constitution says that the Supreme Court can only be the guardian of the Constitution.
I believe that there is censorship in Brazil, there are political prisoners in Brazil, in a concept of democracy that is given by the ministers of the Supreme Court, but that, strictly speaking, is not what the constituents placed in the Constitution. Censorship is much worse than in the military regime.
Is there a biased attitude of the Federal Supreme Court to help Lula?
Seven of the 11 ministers were appointed by President Lula, or by his party, I would like them to return to being just, and that is already a lot, a Judicial Power that is the guardian of the Constitution, leaving the Powers elected by the people, the Legislative and Executive, represent the popular will, whatever it may be; but I understand that today there is a political intervention, or not intervention, but political coercion of the Judiciary in favor of a candidate.
Despite the admiration I have for the justices of the Supreme Court, the Supreme Court is directly intervening in the political process because only conservatives are being punished.
How do you stop this activism?
The simple fact that the Judging House of the ministers opens a process and manages to place them there to discuss judicial activism, in my opinion, will facilitate the return of the harmony of the powers, and our democracy will only be strong again when the powers are harmonious one side and independent of the other, regardless of which candidate is elected.