Minister Says Court Plays Leading Role Because Constitution Is Comprehensive And Allows Different Subjects To Reach The Supreme Court
the minister Louis Roberto BarrosoFrom Federal Supreme Court (STF), this Saturday 1st, denied that the Court practices “judicial activism” and said that this perception is “completely wrong”. According to him, what happens is that the Court plays a leading role in the scope of the Constitution and, consequently, of the issues that can be brought to the attention of ministers. The statements were made during the Brazil conference, in the United States, in a panel that discussed how to improve the speed, efficiency and credibility of the judiciary. Organized by the Brazilian student community of Boston (USA), the conference is in collaboration with Stadium.
“There is a very misperception that the STF is extremely activist, that it invents legislation and produces decisions that lead to legal uncertainty. I would like to say that none of this happens. What really exists is a judicial role. The judiciary now has an unusual visibility role,” said the minister.
The STF has come under criticism from political sectors, mainly from allies of former President Jair Bolsonaro (PL), who argue that the Court exceeds its function and takes decisions that should be the responsibility of the national Congress. In recent years, the Court has made important decisions on issues such as abortion, same-sex marriage and imprisonment after the second degree.
The accusation of “judicial activism” was even discussed in the Senate last year. Barroso and minister Alexandre de Moraes were invited by senators linked to the Bolsonaro government to discuss the issue in the Chamber, but declined the invitation.
Barroso stressed that the scope of application of the Brazilian Constitution, which deals with various topics, means that issues seen as political can also be interpreted as legal. “When you bring an issue to the Constitution, you remove it from politics and bring it to the law,” he said.
The minister also commented on the criticism the Court receives for its decisions. According to the magistrate, respecting the Constitution with “independence and moral courage” is not participating in a “tournament of sympathy”.
“Enforcing the Constitution with independence and moral courage is not participating in a tournament of sympathy, because you are always sorry (someone)and what you liked today, you don’t like tomorrow,” he said.
Source: Terra
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