Brazil’s Senate has taken a significant step to address perceived judicial overreach by the Supreme Court, passing a constitutional amendment aimed at limiting the authority of individual justices to make rulings on crucial issues. The move reflects a broader conservative-led pushback against what lawmakers view as an encroachment by the judiciary into legislative matters.
The approved bill, which still requires approval from the lower chamber, introduces key provisions to redefine the scope of the Supreme Court’s decision-making. According to the proposed constitutional amendment, laws or measures determined by Brazil’s Congress can only be overruled by the full plenary of the Supreme Court or a chamber of justices, and not by an individual justice.
Additionally, the amendment establishes specific deadlines for the resolution of cases when judges request additional time to study the issues. Notably, such extension requests must be made collectively, not on an individual basis.
The Senate’s decisive approval of the bill, with a wide margin of 52-18 votes in two rounds of voting, underscores the growing tensions between the legislative and judicial branches in Brazil. The conservative-led Congress is pushing back against what they perceive as judicial overreach, particularly in social issues such as the Supreme Court’s involvement in decisions related to gay marriage.
The judiciary, historically considered a check on executive and legislative power, has faced criticism from lawmakers who accuse the Supreme Court of infringing upon the legislative functions of Congress. The court’s role in safeguarding Brazil’s democratic voting system and its rejection of restrictions on Indigenous land claims, sought by the influential farm lobby, have fueled the conservative-led backlash.
Ongoing debates within Congress also revolve around contentious issues, including the court’s stance on decriminalizing abortion and marijuana possession. Lawmakers are considering various proposals, such as limiting the tenure of Supreme Court justices and introducing mechanisms that would allow Congress to overturn court decisions deemed unconstitutional.
Senator Oriovisto Guimaraes, the author of the approved bill, argued that it is unacceptable for a single justice to have the authority to rule on matters of national importance. However, Chief Justice Roberto Barroso criticized these moves in Congress, stating that attacks on the Supreme Court and interference with its functioning are detrimental to democracy.
The evolving dynamics between the legislative and judicial branches in Brazil raise concerns about the delicate balance of power within the country’s democratic framework. As the constitutional amendment awaits further approvals, the broader implications of these changes on the judiciary’s role and the separation of powers remain subjects of intense debate in Brazil.
