Opinion

Lula’s agenda set to face a Supreme challenge

The Supreme Court has been a useful ally for Lula so far in his presidency, but its confrontations with Congress could cause significant hassle to the government

Lula attends the inauguration of Luís Roberto Barroso as Brazil's new chief justice. Photo: Ricardo Stuckert/PR
Lula attends the inauguration of Luís Roberto Barroso as Brazil’s new chief justice. Photo: Ricardo Stuckert/PR

Since his first day in office, and likely even before then, Brazil’s President Luiz Inácio Lula da Silva has been on good terms with the country’s Supreme Court. It was clear that a majority of justices — especially Alexandre de Moraes, who also presided over the electoral court during the presidential election last year — were reluctant to see far-right former President Jair Bolsonaro win re-election, having pushed back against his authoritarian ramparts.

While in charge, Mr. Bolsonaro made it clear that after ceding control of the budget to rentier forces in Congress in exchange for legislative protection, the Supreme Court was the final obstacle to his plans for a far-right takeover.

Therefore, re-establishing the ties between two of Brazil’s branches of government was something of a gimme for Lula upon returning to the presidency.

Not only was the Supreme Court able to hold back Mr. Bolsonaro’s putschist plans, it also provided Lula with a blessing in disguise by ruling the so-called “secret budget” unconstitutional before the end of last year, giving back some agency to the Executive branch regarding the destination of non-earmarked public funds. 

The new administration also found friendly faces in Brazil’s top courts over some tax debt litigation, which will likely aid in the task of curbing increasing public indebtedness.

But what is for now seen as a strong relationship may become a headache for Lula....

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