Supreme Court of Exception
The article critiques the secretive handling of the fake news inquiry by Brazil's Supreme Court as a form of an exceptional tribunal undermining fundamental legal guarantees.
The article discusses the controversial nature of Brazil's fake news inquiry, initiated by the Supreme Court in 2019, which the author argues operates as an 'exceptional tribunal' that undermines essential legal principles. It expresses concern about the manner in which the inquiry, formally termed InquΓ©rito 4781, has been conducted, highlighting that it was initiated without public prosecutor involvement and that the judge has simultaneously taken on the roles of investigator, accuser, and adjudicator. This entanglement raises alarms regarding the separation of powers and judicial impartiality.
The piece elaborates on how the inquiry has been characterized by secrecy and a broad scope, which has led to serious implications for free speech and the press. The author points out specific actions taken by Justice Alexandre de Moraes, the rapporteur of the case, including the blocking of social media profiles and removal of news reports, which they perceive as censorship. Moreover, the article argues that this approach reflects a dangerous trend in which legal structures are maintained while the core safeguards of a fair judicial process are violated, calling into question the integrity of the court's function.
Overall, the article presents a critical perspective on the implications of the Supreme Court's actions regarding the fake news inquiry, suggesting that it represents a troubling deviation from democratic norms in Brazil and raises questions about the role of judicial bodies in safeguarding civil liberties amidst political tensions.