Barroso admits uncertainty about “attempted coup” in 8/1

The president of the Federal Supreme Court (STF), minister Luís Roberto Barroso, admitted that he was not sure about the alleged “coup attempt” attributed to the January 8 protesters, but reinforced what he called the STF’s “resistance role” to combat the advance of the right, whom it blames for creating a “very aggressive environment”.

The statements were given during a lecture to students from Hoover Institutionlinked to the University of Stanford. The lecture was mediated by Insper’s Constitutional Law professor, Diego Werneck Arguelhes, last week.

“I don’t know how close we came to a coupbut I have no doubt that many people were committed to carrying it out […] We are talking about people who were able to invade the Federal Supreme Court, the Palácio do Planalto and Congress on January 8, after the elections,” said Barroso.

“Now, imagine what these people could do at the voting tables, where they thought they would lose the elections in a very aggressive environment, like the one created in Brazil. One of the worst things that happened in the last four years was the emergence of a type of political attitude that had never occurred in Brazil: very aggressive, very violent”, he added.

“Resistance”

According to Barroso, the STF was used by former president Jair Bolsonaro (PL) as an enemy to “divide society”.

“It is a typical tactic of populism to divide society between ‘us’, the decent people, and the ‘corrupt elites’. The Federal Supreme Court was the symbol that the president chose to represent the elites that he didn’t like and that the people shouldn’t like,” said Barroso.

“The court took the role of resistance in Brazil, because the dangers were enormous. They were very structured, with international support, including from the USA. They had websites, organized groups and a professional structure to attack institutions, Congress (when they did not have a majority) and the Federal Supreme Court, in addition to the press. They were trying to discredit all democratic institutions, inciting people to invade the court and remove us by force,” he continued.

According to Barroso, it was this scenario that justified the opening of the January 8 investigations.

“We opened an inquiry at the Supreme Court. It was very atypical, but it was the only way to really avoid the worst, and I think we did it. The former president was defeated in 2022, but received 49% of the votes. This means that 49% of the Brazilian population thinks that the court is a problem, because that was the narrative of their campaign”, he stated.

Barroso also said that, when questioned, supporters of former president Jair Bolsonaro “cannot cite a specific decision that caused this problem” for the previous government.

According to a survey by People’s Gazettebetween 2019 and 2021, the STF attacked the government around 123 times.

Public opinion

Barroso also called Bolsonaro a denialist, when referring to the period of the health crisis caused by Covid-19, and spoke about recent surveys that demonstrate the population’s discontent with the STF.

“Recently, Datafolha revealed that we only have 49% support from Brazilian society. I thought: ‘Thank God, it could be much worse’, as we are the ones who decide all the divisive issues in Brazilian society. We are always displeasing someone — indigenous people or farmers, government or taxpayers. We are constantly deciding issues that create division,” he said.

Control of social networks

Barroso admitted that the Superior Electoral Court (TSE) started to “monitor” social networks and recalled the agreement imposed on the platforms in the last election.

“We monitored social media, and whenever something worrying emerged — not disputes between candidates, but attacks on democracy and the electoral system and its integrity — we took action. This worked really well, and we removed a lot of inappropriate content. I think that the misuse of the internet and social media was not decisive in the last elections, except for what is inevitable, such as candidates accusing each other of various things. Therefore, we had very effective control in this aspect”, he highlighted.

Judicial activism

Barroso was also asked about the number of cases that go through the STF. Professor Arguelhes cited recent statistics that indicate that the Supreme Court judges around 90,000 cases per year.

For Barroso, the number is fictitious since, according to the minister, “98% or 99% of the time”, the STF merely reaffirms the decision of the first instance court.

“There are a large number of cases that we decide in so-called virtual plenary sessions, which are decisions taken online […] Therefore, it is a bit fictional to say that we decided 90 thousand cases, but even so, we work a lot, and the workload is enormous”, he stated.

In a critical tone, Barroso also said that “the Brazilian Constitution addresses many issues that, in most of the world, are left to politics. It deals with the social security system, the tax system, the health system, education, environmental protection, the protection of indigenous communities, the role of the State in the economy, the family, the protection of the elderly, among other topics”

“Thus, in Brazil, issues that in other parts of the world would be considered political issues end up becoming matters of constitutional jurisdiction”, he added.

The minister also explained that unlike other countries, the Superior Court of Brazil can be sued by various entities in direct actions.

“There are more than 100 public and private entities that have the legitimacy to provoke the court. The president can do it, the attorney general can do it, state governors can do it, Congress can do it, state legislatures can do it. All political parties with representation in Congress can file a direct action with the Supreme Court. The Brazilian Bar Association can do it, as can national confederations, professional organizations and all national unions”, he argued.

For Barroso, TSE is “an example for the world”

Despite criticism of the constitutional arrangement that allows the STF to act very comprehensively, Barroso stated that the Superior Electoral Court (TSE) – composed in part of STF ministers – “is an example for the world”.

“We have an Electoral Court, a national court that supervises elections and state courts that also supervise the electoral process. Thus, controversies relating to elections are decided by judges, and not by people with political affiliations. This makes our system very safe,” he said.

Contrary to what technicians said on different occasions, Barroso guaranteed that “everyone can check the source code [das urnas eletrônicas]and then it is sealed.”

“The system is never online, so it cannot be hacked. Data is entered into electronic voting machines using pen drives. We have 150 million voters in Brazil and, two hours after the elections ended, we announced the results. The system works very well, and there is no way to cheat. Claiming that the system is vulnerable is a total lie, a fraudulent argument used by the former president [Jair Bolsonaro]”, he added.