Articles for tag: Brasilian Supreme CourtKorruptionLula da SilvaOperation Car WashSergio Moro

Operation Car Wash on Trial

On 8 March 2021, the legal and political world was surprised by a judicial ruling of Justice Fachin, from the Brazilian Federal Supreme Court, which annulled three criminal cases against the former President Lula da Silva in the context of the so-called Operation Car Wash. In the following, we aim to recover some of the main arguments, positions and surrounding political scenario that involves Lula’s cases. The Federal Supreme Court seems to try to create a scenario for the reconstruction of the rule of law, which has been severely impaired in the past five years.

A Bolsonarist Cat Among the Pigeons

While the election of Kassio Nunes Marques in September 2020 was initially met with relief by some as he had no known links to the government, the new justice of Brazil’s Supreme Federal Tribunal (STF) has since demonstrated his fidelity to the president that elected him. This could play a significant role in the future of Brazil given his likely being the deciding vote in an upcoming case on the existing conviction of former president Luiz Inácio Lula da Silva.

Brazil in the Dock: The Inter-American Court of Human Rights Rulings Concerning the Dictatorship of 1964-1985

On July 4th 2018, the Inter-American Court of Human Rights (IACtHR) made public the condemnation of Brazil for its omission in investigating, prosecuting and condemning the public agents supposedly liable for the torture and murder of the journalist Vladimir Herzog. The events took place back in 1975, during the dictatorship of 1964-1985. After several attempts to move judicial authorities in the domestic system, the case was taken to the Inter-American Commission of Human Rights and, finally, to the IACtHR. Investigation is now open again in Brazil. However, as we will demonstrate in the following piece, there is a stark dissent ... continue reading

What does a Bolsonaro Presidency mean for Brazilian Law? Part 2: the Reforms and the Court

Jair Bolsonaro, an extreme right-wing former army officer who has spent the last 20 years as a representative in Congress, is at this point likely to be the next president of Brazil. But what are the implications for Brazilian law in case of Bolsoaro's victory? Part 2 looks at the probable scenarios before Brazil's Supreme Court if any of the reforms are challenged.

While in the USA money talks loud politically, in Brazil it must shut up

Brazil used to occupy global headlines with a virtuous cycle of a struggle against inequality combined with the eradication of extreme poverty and the establishment of a vast middle class. In doing so, the country personified the South American dream, namely material prosperity allied with social progress. Nonetheless, a couple of months ago, things changed dramatically. An endless economic crisis boosted by an unprecedented operation run by the Federal Police saw to it that numerous CEOs of multi-billion dollar companies were incarcerated. The common factor of these events: campaign donations. Propelled by this atmosphere, the Brazilian Supreme Court has handed down two recent decisions that impose a drastic end to a complex set of inconvenient relations maintained between the public and the private sector.