Brazil's Mercurial Courts Undermine Democracy

[Judi Lynn]

Judicial uncertainty is hurting growth and shaking public faith in government.

By Mac Margolis
July 15, 2018, 7:00 AM CDT

Brazilian judges had themselves an exciting weekend. On Sunday, July 8, an appeals court magistrate on call granted a writ of habeas corpus for jailed former President Luiz Inacio Lula da Silva. The surprise ruling thrilled Lula loyalists, who rallied outside the jail to hail the imminent release of the Workers’ Party icon, convicted for graft in Brazil’s historic Carwash corruption case.

The elation lasted till nightfall: After an intense legal battle, the court’s ranking magistrate overruled the sitting judge, leaving Lula behind bars, his followers inflamed and the country guessing over what more turmoil awaited in the run-up to October’s presidential elections, which polls still tout him to win.

At first glance, such judicial hyperactivity may look like democracy at work. Sure, Brazil’s other governing institutions may be damaged goods, with both the executive and legislative branches soiled by scandal. Yet thanks to police, prosecutors and judges, shady public officials are on the run, and not even political legends like Lula are exempt. Never have so many Brazilians been able to bring their grievances before judges and juries; in 2016, more than 110 million cases were filed.

Up close, however, the picture isn’t so nice. For all the prosecutorial zeal and landmark cases, the region’s largest democracy looks increasingly like a model of judicial incontinence. Boasting more than a million lawyers, quarrelsome Brazil is a land of robed avengers — the courtroom a proxy for the partisan battlefield and today’s open-and-shut case often just a prelude to tomorrow’s retrial.

More:
https://www.bloomberg.com/view/articles/2018-07-15/brazil-s-mercurial-courts-undermine-growth-and-democracy