The trial of the conspiracy of members of the Bolsonaro government summit has been analyzed in relation to its likely impact – gunings and costs – for the government and the opposition. But there is another power involved: the judiciary. For the liquid balance will certainly be negative in any scenario.
It is a truism to say that in the last decade, the Supreme Court has become a hyperprotagonist of the institutional game. This is not something trivial, but the greatest transformation in our political system after 88.
There are four main explanatory factors for the hyperprotagonism of the Supreme Court: their jurisdiction as a criminal cut; the 2016 presidential impeachment; the containment of a Frankly hostile president to the constitutional order; And, as the unfolding of the latter, the trial of the conspiracy. The linear trajectory of expansion of protagonism is suffering radical inflection, and the challenges of the court are now of another order of magnitude.
The starting point of this transformation that begins in 2005 is the STF’s performance as a criminal cut – in parallel in other countries – in a context of mega scandals and that took hundreds of political agents, including presidents and heads of legislative powers, defendants and prison banks. As a result, the Court attracted political attacks that intensified from the judgment of (2012) to the. In turn, it effectively consolidated him the Supreme as protagonist.
The rise of led to another level. Inaugurated an era of open confrontation. And here there is a crucial new fact: constitutional arbitration has changed its key. It is not a matter of containing the excesses of the executive or interpower conflicts involving the legislature, but to respond to attacks on the court itself; What is unprecedented and triggers hyperbolic answers in growing. The passive arbitration passive agent profile no longer gives an account with the virulent and unprecedented onslaught of the executive and allies. But this answer – often concentrated on controversial monocratic decisions – has led to high costs to the Supreme Court.
Institutional challenges have now acquired truly unparalleled. The conspiracy does not only involve diffuse court attacks but also judges murder plans (very rare event in the literature on intentions and blows), one of which is actively participating in the trial itself, including as a rapporteur. This individual hyperprotagonism that launched will charge a price for the legitimacy of the court.
This anomaly adds to the standard – marked by personal loyalties – of recent STF judges. The choice of composing the court was the subject of repudiation by many analysts for its future repercussions. Similarly, the appointment of a former parliamentarian, and, notorious in the fight against government opponents, goes in the same direction. Just think about the counter -actual: What would be the scenario if judges were outstanding members of the country’s community of jurists, without bonds with the occupants of the executive branch?
The trial will be fatally perceived as hyperpolitized – it is prohibitive cost – at a critical moment for Brazilian democracy.
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