There is a legend that Brazil has legal uncertainty, says Barroso

The president of the STF (Supreme Federal Court), Roberto Barrososaid this Friday (19.jan.2024) that there is “a certain legend that there would be legal uncertainty in Brazil”. The magistrate said he did not see, “in a broad sense“, one “relevant problem” in the country with regard to topics such as “stability of legislation” it's from “non-retroactivity” of the laws.

“The Supreme Court and the Judiciary seek to ensure this dimension of legal security”, he stated at an event at the Deal Brazil in Zurich (Switzerland). But despite this, there are 3 areas where it is necessary “recognize and face” that there is a certain level of legal uncertainty in the country: labor, tax and health.

Barroso was asked if he feared for democratic institutions during the government of Jair Bolsonaro (PL). He responded by quoting the excerpt from the song “Tempo Perdido”, by Legião Urbana, which says: “I'm not afraid of the dark, but leave the lights on”.

The magistrate declared: “I didn't exactly fear, but I turned on all the lights I could turn on”. And he continued: “I think institutionality prevailed and we overcame the cycles of delay. And democracy is not a space for consensus, there are a lot of people disagreeing about a lot of things, as is legitimate. But I haven't been insulted in a year”.

Barroso mentioned that, although Bolsonaro was not re-elected, he had a significant vote, which demonstrates that “many people” identifies with the former president’s speech. This is also proven, according to the judge, by the fact that many congressmen aligned with the former president were elected.

“I have strived to show this segment of society that the Supreme Court is not a problem, but part of the solution.”he said, adding that he wants to reduce animosity towards the STF.

BRAZIL IN 2023

According to Barroso, the year 2023 was good for Brazil due to points such as:

• approval of the fiscal framework and the “renewal, albeit verbal, at least for now, of commitments to fiscal responsibility”;
• approval of tax reform;
• GDP (Gross Domestic Product) growth above expectations;
• achieve the lowest unemployment rate since 2014;
• resumption of commitment to environmental protection. According to him, “part of the global discredit that Brazil has enjoyed in recent times was due to environmental policy” from the previous government;
• control of inflation and the downward trend in interest rates;
• lowering of the political temperature;
• 35th anniversary of the Constitution;
• have institutional tranquility.

“We had a positive year from an economic point of view, we had important transformations from a legal point of view (…) and I think we are living in a moment of greater institutional tranquility”, he stated.

Barroso repeated the statements made on Wednesday (17 January) at the Davos Economic Forum on the chronic problems that Brazil still faces. Among them, public safety and violence.

“Anyone who travels through Latin America and looks at situations like what is happening in Ecuador, like what is happening in Mexico, knows what Brazil could be like tomorrow if we don't face this [a questão da segurança pública] very seriously”, he stated.

“It is necessary to put the issue of public security on the country's agenda, otherwise we will get lost as some other countries have already lost their way in this matter.”, he added.

Barroso once again mentioned that the Brazil could lose sovereignty over the Amazon for organized crime. “There, we have illegal mining, illegal logging, land grabbing, deforestation and it has become a trafficking route”, he stated.

MANDATES FOR THE SUPREME

Barroso spoke about the possibility of STF ministers having mandates. Today, they can remain at the Court until they turn 75. According to the judge, Congress is the ideal place to debate the issue.

“I defended the mandate. In the 1988 Constitution, I thought it was a good idea”, stated Barroso, citing that he was, at the time, in favor of a 12-year term. “My position is, worse than not having the ideal model, is having a model that is never consolidated. And therefore, I think that one should not keep turning over institutions and messing with institutions unless there is a very relevant reason“, continued.

“I do not think this is an issue that deserves Congress's priority attention. But I am in another Power. If Congress thinks it should debate, life is made of debates”, he added.

DRUGS AND ABORTION

The judge mentioned that there are 2 debates “very delicate” in the Supreme Court: the issue of drugs and termination of pregnancy.

“Drug policy in Brazil is a disaster. We are losing the war”, he stated. “We must be able, without prejudice, without pre-assumed positions, to discuss a drug policy”, he added.

Barroso said that the actions currently carried out in Brazil are resulting in an increase in consumption and the power of trafficking. He declared that this discussion “It is not a jurisdiction of the Supreme Court“, but “people who are arrested arrive” to the Court.

“And Brazil's drug policy arrests poor kids from the outskirts with small amounts of drugs, which is of no use”, he declared, adding that the Supreme Court is not discussing decriminalization or decriminalization, “because this was already done by Congress a long time ago”.

The STF discusses, said Barroso, “the distinction between user and trafficker”.

Regarding the termination of pregnancy, Barroso said he does not know when the issue will be discussed in the STF. The magistrate declared that he had not considered the issue so as not to “increase tension” and said that Brazilian society “didn't understand” the debate that is being proposed.

“No one has abortion as a public policy, abortion is a bad thing and should be avoided”, he said, adding that the State must provide contraceptive methods, provide sexual education and support women who choose to continue with the pregnancy. “The only thing that seems bad to me is criminalizing [o aborto], because it even prevents discussion in the light of day”, he stated.

He cited research that, according to him, “asked the right question”. Instead of asking respondents whether they were for or against abortion, Quaest asked participants to answer whether a woman who terminates a pregnancy should be arrested. “Then there was an 80% negative response.”, he stated.

“Everyone is against [o aborto]. I'm also against“, he said. “Arresting women is bad public policy and this is the debate that we have not been able to have yet”, he added.

O Deal was founded in 2003 by the former governor of São Paulo João Doria. Today, it is chaired by his son João Doria Neto. O chairman is the former minister Luiz Fernando Furlan. He was Minister of Development, Industry and Foreign Trade in the 1st and 2nd governments of Luiz Inácio Lula da Silva (PT).