Barroso lists “reasons for a certain protagonism of the Supreme Court” in Brazil

Justice

President of the STF says that the Court’s “differentiated role” in the country is explained by the scope of the Constitution and the ease of accessing the Supreme Court

Brasilia DF) – The president of the Federal Supreme Court (STF), Luís Roberto Barroso, justified the “slightly different role” of the Supreme Court in Brazil in relation to other countries, during the opening of the Esfera International Forum, in Paris, this Friday (13 ).

Barroso said that the “certain protagonism of the Supreme Court in Brazilian life in contrast to other countries in the world” occurs for four reasons:

The minister stated that Brazil has an extremely comprehensive Constitution, responsible for the tax, social security, health, education, environmental protection and indigenous communities systems.

Barroso added that, when bringing a matter to the Constitution, it is removed from politics and taken to Law.

“This is the first reason for the relatively broad judicialization of Brazilian life”, he explained.

“The constituent brought issues to the Constitution that they often understood as the public reason of the Supreme Court should decide. Issues that in other parts of the world are left to the discretionary will of politics, this is the Brazilian institutional design”, stated the minister, who assumed the presidency of the STF last September.

The second reason for the STF’s leading role would be, still in the minister’s view, the ease of reaching the Supreme Court in Brazil, with actions that allow the Court to be questioned directly about laws and public policies.

The minister states that there are numerous actors who can raise this question, including the President of the Republic, the Attorney General, the Board of the Chamber of Deputies, the Senate, political parties, trade associations and unions.

“So the interest needs to be very small for it not to reach the Federal Supreme Court at some point”, concluded Barroso.

The third reason would be the televised trials, something unique in Brazilian culture, according to Barroso.

“Another time I read that: ‘Ah, these people like the spotlight.’ It’s not like we like it, we work in front of the spotlight. It’s the only job where it says at home that you’re going to work and your wife can see if you went to work.

“As the Supreme Court decides a large part of the major economic, social, political and ethical issues in Brazil, continued the minister, there is broad press coverage. That would be the fourth reason.”

Very often it is necessary to come to the public space and explain what is happening”, stated the president of the STF.

After the STF president’s speech, former French president Nicolas Sarkozy, who also participated in the event, stated that Barroso’s speech was more political than legal in orientation and that he is ready “for another Presidency”, in reference to the presidency of the Republic.

*With information from

Read more: