Comment by atbpaca
1 year ago
The judiciary system in Brazil is a little different than the US one. It does not make Brazil a dictatorship as many of Bolsonaro's supporters claim, nor does an article in NYTimes.
1 year ago
The judiciary system in Brazil is a little different than the US one. It does not make Brazil a dictatorship as many of Bolsonaro's supporters claim, nor does an article in NYTimes.
How can that be so? The article says this:
> In Brazil, the 11 justices and the attorneys who work for them issued 505,000 rulings over the past five years.
Can that really be right? That's an average of 276 rulings per day, or one ruling every five minutes around the clock 24/7/365 for five years straight.
If that claim is true then it's clear that the Brazilian Supreme Court is not like supreme courts anywhere else in the world. It must be normally issuing rulings written by people who aren't the justices themselves. And, it must be a truly massive organization to create so many rulings on so many topics. Seeing as it appears to answer to nobody, nor follow any normal judicial procedure (being both accuser and judge in one body), it would seem fair to describe that as a parallel government acting as a dictatorship. How else could you describe it? What checks on their power do they recognize?
> Can that really be right? That's an average of 276 rulings per day
Yes. From the official website of the Supreme Court (STF - Supremo Tribunal Federal), real-time statistics:
65,173 rulings so far this year.
https://transparencia.stf.jus.br/extensions/decisoes/decisoe...
65173 rulings in 230 days by 11 people. That's 25.76 rulings per person per day if we ignore holidays and weekends.
They can't possibly read the cases, is this a kangaroo court?
4 replies →
> It must be normally issuing rulings written by people who aren't the justices themselves.
It's right there in the text:
> the 11 justices and the attorneys who work for them issued 505,000 rulings
> it appears to answer to nobody, nor follow any normal judicial procedure (being both accuser and judge in one body)
That's not the case. The STF never accuses, they only judge. Accusations come from other institutions. The Supreme Court then orders investigations and act as judges.
> What checks on their power do they recognize?
Mostly the Parliament and the Senate, who can at any time pass new laws, including amendments to the Constitution.
> That's not the case. The STF never accuses, they only judge. Accusations come from other institutions. The Supreme Court then orders investigations and act as judges.
That's not true for some of the cases referred here though. For matters that the court deems related to attacks on the Supreme Court or democracy, Moraes can act essentially as both prosecutor and judge.
I'm not arguing if this is good or bad. Some people argue this is good, some that it is bad, but it is a fact.
2 replies →
> It must be normally issuing rulings written by people who aren't the justices themselves
Correct. Each "Justice" is more like a full fledged law office. It's designed like that.
> Seeing as it appears to answer to nobody, nor follow any normal judicial procedure (being both accuser and judge in one body), it would seem fair to describe that as a parallel government acting as a dictatorship. How else could you describe it?
I could describe it fairly. It's the top authority in a 3-branch government consisting of a council of many members with varied and often opposing views. Quite obviously different than a "parallel government" and dictatorship by definition
But I'd be wasting my time arguing with you for your sake. You're not seriously asking in good faith. I'm replying for the benefit of other people who may see your misguided politicaly motivated concern trolling
That's right, but that's because every judicial decision can go to Supreme Court. A random person got arrested because it stole a chicken? You can appeal up to Supreme Court.
Btw, there's "assistant judges" to help each of the 11 Justices here. The Justice is able to pick 3 of his choice.