Articles for author: Emilio Peluso Neder Meyer

Bolsonaro Faces the Rule of Law

On 30 June 2023, the Brazilian Electoral Superior Court ruled that former President Jair Bolsonaro is disqualified from running for any electoral position for the next eight years. Although there are fifteen other electoral actions brought against Bolsonaro by other political parties or by public electoral prosecutors, most of which refer to accusations of attempting to compromise the integrity of the 2022 elections, this was the first case to reach Brazil’s highest electoral court. Despite there being a precedent, the ruling is not a legal innovation, but the mere application of existing laws.

4. Juli 2023

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Accountability in Brazil

The end of Jair Bolsonaro’s presidency is far from marking a return to normality in Brazil. After the riots of 8 January, which aimed to create the conditions for a coup in Brazil, authorities and institutions had to deal with several turbulences and the issue of Bolsonaro's responsibilization has been a permanent concern. To evaluate the efficacy of these responses, it is important to discuss how these institutions have been dealing with Jair Bolsonaro’s legacy. Moreover, it is equally important to understand the challenges President Lula is facing, which are partly due to the difficulty to reach political compromises. The recent police raids that seized documents and devices in Bolsonaro’s house, and arrested some of his direct aids, adds complexity to the situation, as we will attempt to explain.

8. Mai 2023

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Brazilian Presidential Elections Results

On the 30th of October 2022, Brazilian citizens typed the electronic ballots to choose the president for the next four years' term in the runoff between Jair Bolsonaro and Luís Inácio Lula da Silva. The very close results mirrored the radical polarization that has been haunting the country for at least the last ten years. Lula received 50.9% of the valid votes, whereas Bolsonaro was chosen by 49.1% of the electors. At the time of this writing, Bolsonaro has not conceded.

6. November 2022

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A Portrait of Bolsonaro’s Crimes Against Humanity

On 26 October 2021, after six months of investigative procedures, a legislative inquiry committee in the Brazilian Senate presented a report charging President Jair Bolsonaro (along with some of his most committed supporters) not only with impeachable conducts, but also with ordinary crimes and possible crimes against humanity. Although it is unlikely that the committee’s report will trigger impeachment or lead to a criminal indictment of Bolsonaro before the end of his term, it has already played a fundamental truth-finding role.

5. November 2021

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Courts are Finally Standing up to Bolsonaro

The Brazilian Federal Supreme Court had long tried to find ways to domesticate President Bolsonaro’s most savage instincts. The failure of this soft approach became evident last week, as Bolsonaro’s personal attacks against justices of the Supreme Court escalated. Both the Federal Supreme Court and the Electoral Superior Court have launched procedures against the President.

9. August 2021

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Academic Freedom Under Attack in Brazil

Can the chief of a constitutional organization akin to an ombudsman prosecute a law professor who criticized him in a newspaper article? Apparently, because Brazilian Prosecutor General just filed a complaint against Constitutional Law Professor Conrado Hübner Mendes. This attack follows a wave of democratic erosion that includes attacks on universities, intellectualism, and the diversity of ideas.

19. Mai 2021

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COVID-19 in Brazil: A Sick Constitutional Democracy

In the first half of January 2021, Brazil had already counted more than 200,000 deaths and 8 million people diagnosed with COVID-19. Throughout 2020, the responses from the federal government, which should have taken on a coordination role considering the federalised National Health Service (SUS, Sistema Único de Saúde), were confusing and inefficient. Doubts and scepticism spread by the federal executive undermined the work of governors and mayors and, mirroring the American example, contributed to increase the number of cases and casualties.

22. Februar 2021

Brazilian Democracy Under Military Tutelage

The relationship between the military and the civilian government is one that has defined the whole constitutional history of Brazil and could pave the way for a collapse of democracy. A few days ago, former Army General Villas Bôas revealed in an interview how the armed forces exercised pressure in 2018 against the Federal Supreme Court in the case of former President Lula. The threats made by General Villas Bôas demonstrate the fragility of the Brazilian democracy. Conflicts between the military and courts have been growing, and Bolsonaro has intensified the situation by increasingly involving military personnel in politics and making access to guns easier for the general public.

19. Februar 2021

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Judicial Responses to Bolsonarism: The Leading Role of the Federal Supreme Court

Criticism against the Brazilian judiciary, especially the Supreme Court, has been on the rise in the past couple of decades. Under Jair Bolsonaro’s presidency, however, courts are experiencing a more radical and dangerous form of opposition, which transcends the borders of legitimate criticism and undertakes a direct attack on the judicial branch. This must be understood in light of the Federal Supreme Court’s backlash against Bolsonaro’s maneuvers to flame his supporters and violate the Brazilian Constitution of 1988. This article aims at recollecting the most important rulings and procedures that take part in this reaction.

16. Juni 2020

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Authoritarianism Without Emergency Powers: Brazil Under COVID-19

One of the few heads of state that insist on denying scientific and epidemiologic facts concerning the spread of COVID-19 is the Brazilian President Jair Bolsonaro. For Bolsonaro, politics comes before truth. Since the beginning of the pandemic of COVID-19, he is disseminating doubts on social media (although Twitter, Facebook and Instagram deleted some of his posts) to galvanize his radical supporters while creating a distraction for his government’s inability to implement social and economic aids to the low-income families affected by social distancing. For the moment, the president has failed to gather the public support that he needs for an extension of the emergency powers of the executive, like Orbán did in Hungary. But his authoritarian discourse has not disappeared from the horizon. On 31st March 2020, for instance, Bolsonaro celebrated the anniversary of the Coup of 1964 as a “great day for freedom”.

8. April 2020

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