Trump administration recentTariffDanger against Brazil, together with himApprovalThrough the Justice Alexandre de Morace Magnitsky Act, many are wondering why he chose a fight against the Supreme Court of another country.
Is this only after petty nuances, after the Rumble – his pet social media project – wasBan onIs he just angry with his colleague, former Brazilian President Jair “Trump of the Tropics” Bolsoro, WillpotentialAre you jailed? Or is Trump Administration Right to claimThe court has reduced the rule of law and was sworn in to protect the constitution very much?
Surprisingly, Trump’s criticism of Brazilian court is largely correct.
In recent years, the Supreme Court of Brazil has become the most powerful institute in the country. It investigates, accuses, sensors and does law. It is now acting as a judge, jury and executioner.
What may not be clear for outsiders, is that it is clearly unprecedented power-Graibs all hallmarks of Brazil’s 500-year heritage. Not only the court issues arbitrary decisions, but it also expands the Brazil’s tradition of empowering the long-standing class, an omnipotent, sensor.
This modus operandi began at the beginning of our history. With the Portuguese metropolis on the other side of the ocean, colonialGardenBrazil became the closest thing, ruled by farming clans, for a state tool to Brazil. Political power followed economic power. The valid political authority passed from one generation to another – indefinitely.
After the independence of Brazil’s 1822, the absolute, long power similar patterns continued. For the first sixty years of the nation, “King’s friends” Domination Brazilian politics. He issued judicial decisions, controlled Parliament, and advised the king, to serve the interests of his class, and throughout his life, under the protection of the royal title.
But he also added a new layer in Brazil’s politics: Control of public opinion. FirstLawThe press was passed in 1830 in 1830, which approved the publications that violate “good customs” under jail penalty. This vague standard gave Vivek Dya “Friends of the Emper” in the words of the famous Brazilian novelistJose de alenser“Carry public opinion in Brazil.”
Nation infection for republicism also proved unable to break with Patrimonial politics. For its first forty years, presidential postIn turnMajor coffee and dairy growers like tomorrow. Along with the Federal Authority, with the states and investigatives on the states and almost non-existent executives, the supreme power was firmly entangled between the coffee-and-cream work.
The censorship also became part of governance and parcel. First punishmentCodeCreated a special category underlining the “crimes of the press”. By1923That great power was extended to a private domain – editors could be held personally responsible for the material published in their newspapers.
When Brazil turned to totalitarianism, a new absolute, long -lasting ruling class emerged. In the 20th century, the Getuelio class and their chronies gained a uninterrupted dictatorial power for 15 years. The military establishment achieved the same access to the liver of power for more than 20 years. Censorship continuesNews outlets were banned, pro -government newspapers were subsidized, and anti -state opinions were criminalized.
Although governance changed, Patrimonialism ended – and today there is no different.
The first indications of the new conservation system appeared in 2019, when the court expanded its jurisdiction at unprecedented levels. Subjected to “Fake news inquiry,” Justice Mores acquired a comprehensive discovery authority. Citizens Arrested, Journalists Silence, and federal police started Are answering Straight in the Supreme Court. Due to no last date in sight, the investigation has allowed the Mores to postpone. sine die, UnilaterallyAnd Supreme – There is no appeal process to investigate your right.
Beyond the excellent jurisdiction, the court has also provoked legislative powers. Six years ago, it is singleCriminal homeophobiaLast month, it was proposedGuidelinesFor regulation of social media. And, later, Justice Gillmar Mendes Recommendations sentCongress members on how MLAs should treat indigenous land.
But protection came only in full demonstration when the court gained control over public opinion. The broadcast network Jovam PAN was suspended for accurate reporting, including its reporting Arrest The then President Lula da Silva. Platform X (East Twitter) was temporarily blocked to refuse to remove the removal Criticism Himself for justice. And the court’s new plan to keep the open-source platform straight Responsible The user returned to the law of the press from a century ago for publications.
To give all this crown, Justice hold AppointmentBy the age of 75 years. And so beyond expanding its tasks, the court does this with guaranteed terms and has no accountability.
The question is why do you turn to patriarchy? Why instigated the separation and balance of sensors, legislation, powers?
As a newborn democracy, Brazil was abandoned with several political issues. With the hurry of political parties and the resulting difficulty of political talks, its Congress was happyDeferControversial issues unstable neutral, unrelated court.
With comprehensive legislative inertia, the court quickly took the jurisdiction given by the Congress as a license to lead the nation or,WordIts Chief Justice, “Pow history.” Justice rapidly appropriate decisions based on policy results – Labor marketImpact, protecting democracy, and Political harmonyFor example – instead of citing constitutional justification.
The court converted the constitution into a device to carry forward “correct” ideas, not legitimate people. Amidst all this, the Congress and executive of Brazil sat on their hands.
Therefore, when the danger of far-flung extremism brought up its head, the court once again accepted a mandate to lead and defend Brazil. ToutingDefense of democracyThis banned right -wing media outlets, threatening to leave the election in favor of Bolsoro and suspended social media outlets, which criticized the court itself.
No resistance, an infinite jurisdiction, and an inflated feeling of existence crisis, ambition ran the wild. Finally, there was No one left to protect the guard,
Now, it is a new patron of Brazil, an all-powerful, sensor and long-lasting parent. It does not respond to the government’s overache, it is a symbol of this. It does not defend the freedom of speech, but violates it. It does not advocate the transition of power, but is an orphan to them.
Under the overweight of Patrimonial politics, Brazil is no longer a government of laws, but about men and women who wear cloak.
Felip Jaffet is a political science and history student at Stanford and a student research analyst with the Hoover History Lab at the Hoover Institution at Stanford University.
