Justice Dias Toffoli describes a sad reality: in practice, Brazil has a semi-presidentialism regime

 Supreme Court justice Dias Toffoli said on Monday (16) at an event in Lisbon, Portugal, that Brazil is already living in practice a semi-presidential regime, under the authority of the Judiciary.
The justice stated that “we already have a semi-presidentialism regime moderated by the Supreme Court, just as seen during the entire pandemic period.”

The magistrate's statement acknowledges the institutional situation that has been experienced by the country and consolidated during the Bolsonaro government, not provided in the constitutional text nor contemplated by the manifest will of the original constituent power – the Brazilian people – who, in a referendum held in April 1993 chose the presidential republic as a form of government.

What the justice calls semi-presidentialism is a de facto parliamentarism, under the authority of the Judiciary, which has been creeping into Brazil in the last two and a half years. The Supreme Court has been deliberately emptying the Executive’s prerogatives and the Legislative’s exclusive functions by issuing peculiar, distorted interpretations of the constitutional text. The constitution does not even provide for the existence of a moderating power.

The change in the regime and the system of government by initiative of the Judiciary in unparalleled in national history, and as far as we are aware, unheard of in Western liberal democracy.
Brazilian parliamentarism, the so-called semi-presidentialism, is the power project embraced by the political establishment being carried out by the Judiciary. The Judiciary has taken the responsibility upon itself to fully implement it, as acknowledged by justice Toffoli.

*Free translation and adaptation of the article published in Crítica Nacional

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