Brazil’s Rogue Court Is Receiving Global Blowback
Brazil’s highest court is no longer acting like an independent arbiter of justice. In recent years, the Supreme Federal Court has transformed into an overtly political actor—censoring dissent, banning platforms, and prosecuting opposition figures, all while consolidating power beyond its constitutional role.
Although the 1988 Brazilian Constitution mandates a separation of powers, recent years have seen the judiciary, particularly the Supreme Federal Court, assert growing dominance over the political process. The court is comprised of 11 appointed justices who serve until the required retirement age of 75. Most were nominated by administrations aligned with the Workers’ Party, the left-wing populist party led by current Brazilian President Luiz Inácio Lula da Silva, known as Lula.
The court’s decisions have increasingly reflected its ideological leanings, especially in cases targeting dissent. Justice Alexandre de Moraes has become the face of this shift. In 2019, the court launched the so-called fake news inquiry, a secretive investigation targeting its critics—including journalists, opposition politicians, and ordinary citizens—on social media. Since then, Moraes has ordered press censorship, account suspensions, and even platform-wide bans. Ahead of Brazil’s 2024 elections, he ordered the country’s internet providers to block access to X, arguing that the platform could influence the election outcome.
Frustrated by Congress’ refusal to pass legislation regulating social media, the court recently reinterpreted the 2014 Marco Civil da Internet (the “Civil Rights Framework for the Internet”)—Brazil’s foundational internet rights law. Under the new interpretation, platforms can be “held civilly liable for damages caused by content published by third parties.” In other words, if a platform fails to delete user content quickly enough, it could be punished. What Moraes had been doing unilaterally now has institutional backing.
One of the inquiry’s targets, journalist Allan dos Santos, moved to the U.S. after having his accounts blocked, his preventive detention ordered, and his extradition requested by the court. Moraes later demanded that the platform Rumble block his account, along with those of other Brazilians with U.S. citizenship. Rumble refused, arguing that it has no headquarters in Brazil and that the users in question
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