The Most Dangerous Power
The article argues that the Brazilian Judiciary, particularly the Supreme Court, is currently the most powerful and dangerous branch of government, contrary to traditional beliefs.
The article critiques the current state of the Brazilian Judiciary, asserting that it has become the most dangerous power in the Republic, contrary to the historical view attributed to Alexander Hamilton, which characterized the Judiciary as the least dangerous branch. It highlights that the superior courts are not only eroding the budget but also overstepping their boundaries by encroaching on coercive powers, traditionally held by the Executive. This situation is unprecedented and poses unique concerns for the functioning of democracy in Brazil.
Furthermore, the author suggests that while there are few records of judicial overreach in various contexts, such overreach has typically served the interests of the Executive branch. However, the present circumstance in Brazil stands out as the Supreme Court is effectively a player in political maneuvering, raising alarms about tyranny by the robe. Historically, abuses of power have been more common when the Executive usurps legislative or judicial functions, but the article warns that the current scenario involves the Judiciary taking on a role that risks undermining democratic principles.
In light of these issues, the author calls for a re-evaluation of the balance of power within the Brazilian government, pointing towards necessary reforms to ensure that no single branch becomes overreaching or coercively powerful. The implications of this discussion suggest a vital need for vigilance in protecting democratic values and the rule of law in Brazil.