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Brazil's Supreme Court Now Decides How Far Anyone Can Challenge It
(MENAFN- The Rio Times) Key Points
For years, foreign observers were told Brazil's problem was wild presidents and chaotic Congresses. Quietly, another centre of power was rising. This month, that shift became impossible to ignore.
In an emergency ruling, Supreme Court justice Gilmar Mendes rewrote the practical rules for impeaching members of his own court. Until now, any citizen could file a request in the Senate, and a simple majority of senators could move a case forward and remove a justice.
With one decision, Mendes said only the federal prosecutor general may file such a request, and the Senate will need two-thirds of its members – 54 out of 81 – to vote for removal.
A debate that reveals a judiciary with few checks
On paper, the argument sounds reasonable: impeachment should not be a toy for angry groups or online campaigns. The law that governs it dates back to 1950, and leading judges and the current prosecutor argue it has been“banalised” by a flood of weak cases.
They say a justice should not fear losing his job every time he hands down an unpopular ruling. But look at the political map and the picture changes. The prosecutor general is chosen by the president.
The Supreme Court has taken an ever larger role in setting the country's direction, from criminal cases to speech rules and electoral disputes.
Congress, fragmented and often transactional, has repeatedly failed to check that expansion. The episode is a window into how Brazil really works. The formal script speaks of balance between three branches.
In practice, the court now decides not only key national questions, but also how, and whether, its own members can ever be removed. Anyone trying to understand the country's future would be unwise to look only at the presidential palace.
A single judge has changed who can even ask for a Supreme Court justice's removal, and raised the votes needed to do it.
The power to start an impeachment now sits with one prosecutor, not citizens or senators, at a moment when the court already dominates politics.
The move exposes a deeper tension in Brazil: an ever-stronger court and ever-weaker elected institutions.
For years, foreign observers were told Brazil's problem was wild presidents and chaotic Congresses. Quietly, another centre of power was rising. This month, that shift became impossible to ignore.
In an emergency ruling, Supreme Court justice Gilmar Mendes rewrote the practical rules for impeaching members of his own court. Until now, any citizen could file a request in the Senate, and a simple majority of senators could move a case forward and remove a justice.
With one decision, Mendes said only the federal prosecutor general may file such a request, and the Senate will need two-thirds of its members – 54 out of 81 – to vote for removal.
A debate that reveals a judiciary with few checks
On paper, the argument sounds reasonable: impeachment should not be a toy for angry groups or online campaigns. The law that governs it dates back to 1950, and leading judges and the current prosecutor argue it has been“banalised” by a flood of weak cases.
They say a justice should not fear losing his job every time he hands down an unpopular ruling. But look at the political map and the picture changes. The prosecutor general is chosen by the president.
The Supreme Court has taken an ever larger role in setting the country's direction, from criminal cases to speech rules and electoral disputes.
Congress, fragmented and often transactional, has repeatedly failed to check that expansion. The episode is a window into how Brazil really works. The formal script speaks of balance between three branches.
In practice, the court now decides not only key national questions, but also how, and whether, its own members can ever be removed. Anyone trying to understand the country's future would be unwise to look only at the presidential palace.
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