Brazil's top judge tells UN of 'external pressures' on judiciary
Translated from Portuguese, summarized and contextualized by DistantNews.
At a glance
- Brazil's Supreme Court President Edson Fachin met with a UN representative to discuss external pressures on the Brazilian judiciary.
- Fachin expressed concern over unilateral sanctions and actions aimed at constraining judges, particularly in light of a lawsuit against Justice Alexandre de Moraes in the U.S.
- Brazil's government and the STF are exploring legal measures to protect Moraes and assert that Brazilian judges cannot be held personally liable for official decisions.
Supreme Court President Edson Fachin has alerted the United Nations to "external pressures" targeting Brazil's judiciary, emphasizing the need for heightened vigilance from democratic institutions. Fachin conveyed these concerns during a private meeting with Margaret Satterthwaite, the UN's special rapporteur on the independence of judges and lawyers.
external pressures
The meeting occurred as the Supreme Court and federal government consider protective measures for Justice Alexandre de Moraes. This follows a lawsuit filed against him in Florida by Trump Media and the platform Rumble. The U.S. lawsuit alleges Moraes's decisions constitute "gag orders" and censorship against American companies and citizens.
attention redobrada
Fachin voiced worries to the UN rapporteur about "unilateral sanctions that would seek to affect judicial independence." He stated these initiatives aim to "constrain magistrates due to acts carried out in the regular exercise of their functions." According to the STF's Secretariat of Communication, Fachin stressed that current challenges should not be underestimated but expressed confidence in the judiciary's ability to react "firmly and effectively to threats."
the challenges currently faced cannot be underestimated
He also highlighted the importance of international cooperation in defending "democratic values shared by nations committed to the protection of human rights and constitutional institutions." The STF is currently examining legal mechanisms to safeguard the court's autonomy, in consultation with the Attorney General's Office and the Ministry of Justice. The initial assessment suggests that a Brazilian magistrate cannot be held personally responsible for decisions made in their official capacity, as national law protects judicial independence. Close associates of Fachin note that judicial decisions, even individual ones, are institutional acts, not personal viewpoints. They also point out that most of Moraes's rulings have been upheld by the full court, meaning any potential lawsuit could apply to multiple justices.
firm and effective reaction to threats
Originally published by Folha de S.Paulo in Portuguese. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.