The Senate opposition whip Rogério Marinho on Tuesday called the conservative caucus to “obstruct” the government’s agenda in Congress. This is a demonstration of right-wing dissatisfaction with the “interference” of the Judicial branch in issues that should be left to Congress. Mr. Marinho also proposed a referendum on abortion rights.
The move is a direct response to a Supreme Court decision to hear a landmark trial that could decriminalize abortions up to the 12th week of pregnancy. (Outgoing Chief Justice Rosa Weber cast the first vote in favor of decriminalization.)
It is just the latest stage of crescendoing tensions between the Supreme Court and conservative lawmakers. The push for obstruction means lawmakers will work to avoid legislative sittings to reach the minimum quorum for floor votes.
As The Brazilian Report has shown, Justice Weber sought to end her tenure on a strong note as she reaches the mandatory retirement age of 75. In recent months, Justice Weber brought highly consequential cases to trial. This includes a hearing on decriminalizing cannabis possession for personal use, a landmark case on indigenous land rights, and the abortion case — all very sensitive topics for the right.
Of those three cases, only the trial of the so-called “time-frame argument” for indigenous lands has concluded. Big Agro sought to define October 5, 1988 — the date the Brazilian Constitution was enacted — as the cut-off point for indigenous land rights. On this understanding, if an indigenous group could not prove that it was occupying or contesting said land on that date, it would not have a territorial claim.
Indigenous leaders have rejected the time-frame argument because...
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