Luis Roberto Barroso, a liberal who has supported the legalization of abortion and the criminalization of homophobia during his tenure on Brazil’s Supreme Court, was appointed chief justice on Thursday. This comes at a time when the court’s relationship with Congress has deteriorated due to allegations of judicial overreach.
Barroso, a 65-year-old jurist known for his progressive views, is expected to face backlash from a conservative-led Congress that aims to limit the top court’s influence on contentious social and human rights issues.
During his swearing-in ceremony, Barroso affirmed that the Supreme Court will defend human rights, including gay marriage, as well as the rights of Brazil’s indigenous people to preserve their cultures and lands. He countered arguments of an overly active court and pledged to maintain a dialogue and “live in harmony” with the legislature.
Throughout his two-year term as chief justice, Barroso may encounter divisive issues that further strain the relationship with Congress. These issues include the decriminalization of abortion within the first 12 weeks of pregnancy, the decriminalization of marijuana possession, and holding “big techs” accountable for content posted on their platforms.
Lawmakers argue that these matters should be decided by elected representatives in Congress and accuse the court of encroaching upon their legislative powers. Proposals to amend Brazil’s constitution have emerged in an attempt to limit the court’s influence.
“Members of the legislature are clearly irritated by the idea that they do not have the final say,” noted Creomar de Souza from Dharma Political Risk consultancy in Brasilia. “Their planned constitutional amendments are a clear threat to a judiciary whose profile is now ideologically at odds with that of Congress.”
Barroso drew criticism recently for his statement at an event where he declared, “We defeated Bolsonarismo,” referring to the court’s response to former President Jair Bolsonaro’s attacks on Brazil’s democratic institutions and voting system. Conservative lawmakers responded by filing a request to impeach Barroso.
As chief justice, Barroso will preside over trials involving hundreds of Bolsonaro supporters who were arrested for their involvement in the storming of government buildings on January 8, in an attempt to overturn Bolsonaro’s electoral defeat.
In his speech, Barroso emphasized that democratic institutions are under threat globally from authoritarian populism, but they have persevered in Brazil. He highlighted that “here democracy was victorious … the armed forces did not succumb to coup-mongering.”
Reporting by Anthony Boadle; Editing by David Gregorio
Credit: The Star : News Feed
