Opinion

Brazil’s courts are acting to counter Bolsonaro. They shouldn’t

Congressional omission has forced Brazil's high courts to try to control the far-right president themselves. While positive in the short term, the move can be detrimental in the long run

courts Justices Luís Roberto Barroso (right) and Alexandre de Moraes have clashed with the Bolsonaro administration on multiple occasions. Photo: Najara de Araújo/Secom/TSE
Justices Luís Roberto Barroso (right) and Alexandre de Moraes have clashed with the Bolsonaro administration on multiple occasions. Photo: Najara de Araújo/Secom/TSE

This week, Supreme Court Justices Luiz Edson Fachin and Alexandre de Moraes began their tenure at the head of Brazil’s electoral authority. Justice Fachin will preside over the Superior Electoral Court (TSE) until August, when Justice Moraes takes over to oversee this year’s general elections.

The changing of the guard occurs at a critical time in Brazilian politics, as President Jair Bolsonaro continues to question the integrity of the country’s 100-percent electronic voting system. Last week, he said that Brazil “still lacks an electoral system that is reliable for all of us.”

In response, Supreme Court Justice Luís Roberto Barroso — the former head of the TSE — stated that “any attempt to discredit the electoral system consists of a poor man’s repetition of what former U.S. President Donald Trump did after losing the elections in 2020.” Justice Fachin added that the electoral court is “solid, essential, and reliable.”

The court is ostensibly taking upon itself the role of being a democratic guardrail against Mr. Bolsonaro. Its intent is to safeguard electoral institutions, but one must consider...

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