This chapter is about the new prerogatives of the Brazilian Judiciary after the 1988 Constitution. The reorganization of the Brazilian judicial system and of the Public Prosecutor’s Office was the most relevant reform of the constitution-making process and went well beyond the transition to democracy logic. To be sure, Brazil had up to its democratization one of weakiest judicial system in South America with very low prerogatives on the part of the Supreme Court. This tradition changed rapidly with the emergence of a new logic: the first element of this logic was the legitimation of new institutions through the expansion of rights which prevailed from 1988 to 2010. After 2010, a second element emerged: the concentration of power in the hands of judicial institutions through the goal of enhancing control of the other branches. We analyze the Car Wash operation and the ascension of Moraes in this process. This chapter demonstrates that the new powers of the judicial system were key to the survival of democracy in Brazil.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

The New Prerogatives of the Judicial System, Judicial Politicization, and Democracy in Brazil

  • Leonardo Avritzer,
  • Lucio R. Rennó

摘要

This chapter is about the new prerogatives of the Brazilian Judiciary after the 1988 Constitution. The reorganization of the Brazilian judicial system and of the Public Prosecutor’s Office was the most relevant reform of the constitution-making process and went well beyond the transition to democracy logic. To be sure, Brazil had up to its democratization one of weakiest judicial system in South America with very low prerogatives on the part of the Supreme Court. This tradition changed rapidly with the emergence of a new logic: the first element of this logic was the legitimation of new institutions through the expansion of rights which prevailed from 1988 to 2010. After 2010, a second element emerged: the concentration of power in the hands of judicial institutions through the goal of enhancing control of the other branches. We analyze the Car Wash operation and the ascension of Moraes in this process. This chapter demonstrates that the new powers of the judicial system were key to the survival of democracy in Brazil.