Fux Says Congress Avoids 'Social Price' by Pushing Decisions to Brazil's Top Court

Supreme Court Justice Luiz Fux has asserted that Brazil's judiciary, particularly the Supreme Federal Court (STF), should sometimes step back and allow the legislative branch to make decisions. Speaking at the opening of the XVI Constitutional Law Symposium in Curitiba, Fux suggested that the STF can become "invasive" when it resolves issues that constitutionally fall under Parliament's purview.

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And when nothing else, it should effectively return to Parliament what is Parliament's to decide.

Fux acknowledged criticisms of judicial activism but argued that the judiciary is typically reactive, only acting when prompted. However, he pointed to a recurring pattern where the legislative branch, characterized by deep ideological divisions, fails to pass legislation. This inaction, he explained, often leads to decisions being "pushed" onto the magistrates.

"The reality is that today Parliament is very divided, there are completely different ideologies, nothing comes out of there," Fux stated. He further elaborated that lawmakers are often unwilling to "pay the social price of decisions before the electorate." Consequently, he noted, "since judges are not elected, it is pushed to the Supreme Federal Court and we are forced to decide."

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The reality is that today Parliament is very divided, there are completely different ideologies, nothing comes out of there.

This dynamic, according to Fux, places an undue burden on the judiciary. While the STF aims to resolve issues, its intervention in areas meant for legislative action can be seen as overstepping boundaries. Fux's remarks suggest a call for a clearer separation of powers, urging the legislature to take greater responsibility for its constitutional duties and avoid deferring politically difficult decisions to the courts.

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since judges are not elected, it is pushed to the Supreme Federal Court and we are forced to decide.