Minister Luís Roberto Barroso, of the Federal Supreme Court (STF), denied this Saturday, 1st, that the Court practices “judicial activism” and stated that this perception is “quite mistaken”. According to him, what happens is that the Court plays a leading role due to the scope of the Constitution and, consequently, of the matters that can be brought to the attention of the 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 in Boston (USA), the conference is in partnership with Estadão.
“There is a very mistaken perception that the STF is extremely activist, that it invents legislation and produces decisions that bring legal uncertainty. I would like to say that none of that happens. What really exists is a judicial protagonism. As everything can reach the Judiciary, the Judiciary now has an unusual visibility”, said the minister.
The STF has been the target of criticism by political sectors, mainly by allies of former President Jair Bolsonaro (PL), who claim that the Court exceeds its function and makes decisions that should be the responsibility of the National Congress. In recent years, the Supreme Court has taken important decisions on issues such as abortion, same-sex marriage and imprisonment after second instance.
The accusation of “judicial activism” was even a topic of discussion in the Senate last year. Barroso and Minister Alexandre de Moraes were invited by senators linked to the Bolsonaro government to discuss the matter in the House, but they declined the invitation.
Barroso pointed out that the scope of the Brazilian Constitution, which deals with various topics, means that issues seen as political can also be interpreted as legal. “When you bring a matter to the Constitution, you take it out of politics and bring it to the Law,” he said.
The minister also commented on the criticism that the Court receives for its decisions. According to him, complying with the Constitution with “independence and moral courage” is not participating in a “tournament of sympathy”.
“Complying with the Constitution with independence and moral courage is not participating in a sympathy tournament, because you always displease (someone), and what you pleased today, you displease tomorrow,” said Barroso.
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