Comment by woooooo
1 year ago
It's true, judges in Brazil are like gods.
I worked for a (large, powerful) company where our Brazilian compliance people were 100% outside of Brazil to reduce the risk of them being thrown in jail because a judge wasn't getting answers fast enough.
Not sure if those judges are elected but it doesn't really matter.
You should expand on that more if it's actually unreasonable.. because what you wrote sounds exactly the same as the US. The court can issue legal subpoenas, and if they aren't complied with by the deadline specified, the court has the right to enforce those orders, which can include jail time. That's an important tool for the rule of law and an independent judiciary.
I'm not sure of the exact details but companies aren't afraid to have their paralegal live in the US.
As a matter of fact. I think it would be highly unusual for any corporate official, let alone a low-level case handler, to be at risk here.
The difference is that in Brazil, the judges very frequently do not act on good faith and are basically easy to buy.
You might have been told that but there is no way jail is the first thing a judge will issue. First comes an order, then fines, lots of them. A company will only get anyone arrested if they willingly ignore judicial decisions for a very long time. The only path I see for a company deciding to keep their "compliance" department away from the country would be if they're not planning on complying at all. Judges have a lot of power but they're still bound by process.
Brazil is a conservative leaning country with neoliberal aspirations that looks up to the US (florida specially) like the paradise on earth. Judges are friendly to business and it takes a lot to piss them off if you're part of the circle (rich). These examples from twitter are a niche where the company is caught between the politics of the supreme court and what it sees as threats (some times correctly, sometimes too much and dangerously overbearing).
Supreme court judges are not elected, they are appointed by the president. As a tradition during the years where the current party was in power before Bolsonaro the court itself made a list of candidates that they voted for and the president was asked to pick from the top three (as a request, not binding), Lula and Dilma always picked the top candidate to avoid any showing of interference. President Temer picked the second choice and Bolsonaro picked someone outside the list (twice) and that tradition will likely die down because of it, Lula already picked from outside the list too now.
Another fact people seem to ignore/disregard, the Brazilian STF cannot just issue orders without a request from the prosecution or lower courts. An example where Judges exert the god like power is on lower courts where the prosecution aligns politically with a judge and work together like they did on the Lula trial and ended up overthrown by the supreme court for it. If they do it for someone less popular, they get away with it.