Barroso says that the STF will always be exposed to criticism and that self-restraint is necessary

In his inauguration speech as president of the Federal Supreme Court (STF), Luís Roberto Barroso said that “contradicting interests and world views is an inherent part” of the role of ministers, who according to him will always be “exposed to criticism and dissatisfaction”, but that “it is imperative that the court acts with self-restraint and in dialogue with other powers and society”.

According to the minister, the broad judicialization in Brazil occurs because the Constitution defines not only the guarantees of citizens and the powers of the Powers, but also regulates the economic, tax, social security, educational, environmental, cultural system, social communication, indigenous people, family , children, adolescents, the elderly and other topics.

“Including a matter in the Constitution is, to a large extent, removing it from politics and bringing it to law. This is the cause of the widespread judicialization of life in Brazil. This is not about activism, but about institutional design”, stated the minister. “No Court in the world decides so many divisive issues in society. Contrary to interests and world views is an inherent part of our role. We will always be exposed to criticism and dissatisfaction. For this reason, the virtue of a court can never be measured in an opinion poll”, he added.

“Nevertheless, it is imperative that the Court acts with self-restraint and in dialogue with other Powers and society, as we have always tried to do and intend to intensify. In a democracy there are no hegemonic Powers. Guaranteeing the independence of each one, we will live in harmony, institutional partners for the good of Brazil”, he stated.

The statement comes at a time when agricultural, security and defense of life benches in Congress are mobilizing to obstruct votes in the Chamber and Senate in protest against ongoing trials in the STF that could end the time frame for land demarcation indigenous people, decriminalize marijuana possession and abortion in Brazil.

Barroso says defending minorities is not a progressive cause

Known for defending the rights of minorities in the STF, Barroso said that this is not a progressive cause, but one of “humanity”. “There are those who think that the defense of human rights, women’s equality, environmental protection, affirmative action, respect for the LGBTQIA+ community, the inclusion of people with disabilities, the preservation of indigenous communities are progressive causes. They are not. These are the causes of humanity, human dignity, respect and consideration for all people,” he said.

Before, he highlighted that it is the STF’s duty to protect fundamental rights and that, “in this matter, we have tried to push history in the right direction”. He then said that he has been a partner in women’s fight for equality and against sexual and domestic violence, in favor of the black population’s efforts for equal opportunities, and the guarantee of rights for the “LGBTQIA+ community”, highlighting the decision that facilitated civil marriage between people of the same sex.

Ceremony attended by heads of Powers

The inauguration ceremony was attended by President Luiz Inácio Lula da Silva (PT), who did not speak and was wearing a protective mask due to the surgery he will undergo this Friday (29). The presidents of the Senate, Rodrigo Pacheco (PSD-MG), and the Chamber, Arthur Lira (PP-AL), also participated in the event.

Barroso defended dialogue amid tension between the Legislature and the Judiciary and gave a nod to the Armed Forces. “Around the world, constitutional democracy has experienced moments of shock with attacks on institutions and loss of credibility. Here, the institutions won with the indispensable presence of civil society, the press and the National Congress at their side. And justice be done, at the decisive moment the Armed Forces did not succumb to the coup,” he stated.

During his speech, the minister thanked former president Dilma Rousseff (PT), responsible for his nomination in 2013. “My gratitude also goes to President Dilma Rousseff, who nominated me for the position in the most republican way a president can act: he didn’t ask, he didn’t insinuate, he didn’t demand”, he said.

Dean Gilmar Mendes, first to speak, stated that the STF faced “threats from a populism devoid of any democratic decorum” in recent years. He pointed out that “the current constitutional order knows how to defend itself, whether against explicit coups or authoritarian erosions like the one systematically carried out in 2022 against the electoral system”.

“Omissions, apparently wise, will return as irreparable errors, because the causes of authoritarianism are still felt. Time requires, for all these reasons, men and women of state”, pointed out Gilmar Mendes.

Over the next two years, Barroso and minister Edson Fachin, sworn in as vice president, will command the Court. The new president succeeds minister Rosa Weber due to her mandatory retirement due to reaching the age limit of 75 years in public service. According to the judge, her management guidelines will be aimed at increasing the efficiency of Justice, improving dialogue with society and maintaining a close relationship between the Judiciary and society.

Among the authorities present at the event were former members of the Court, the interim Attorney General of the Republic, Elizeta Ramos, the national president of the Brazilian Bar Association (OAB), Beto Simonetti, and Maria Bethânia, who sang the National Anthem at the beginning of the ceremony.