The flaws in the judicial system that threaten Brazilian democracy
eyesonbrasil
Amsterdam, March 28, 2025 – The Brazilian judicial system is under the spotlight, and not for good reason. The case involving former president Jair Bolsonaro, accused of plotting a coup, has exposed glaring flaws that threaten democratic stability and public trust in institutions.
Murillo de Aragão, a renowned political scientist, describes the scenario as a reflection of Brazil’s political and legal dysfunctionality. He points out that Bolsonaro is the third consecutive president to face severe penalties, which points to a structural crisis in the political system. This repetition of crises in the highest echelons of executive power is not just a problem for individuals, but a symptom of a system that seems incapable of regulating itself.
Marco Aurélio, former STF Justice
Former STF Justice Marco Aurélio also spared no criticism. He argues that the case against Bolsonaro should have started in the first instance, respecting the basic principles of judicial hierarchy. In addition, he points out that the trial should have been conducted by the full plenary of the Supreme Court, and not by a panel of just five justices. This procedural choice raises questions about the legitimacy and impartiality of the trial.
These flaws are not mere technicalities; they have profound implications for society. When the judicial system is perceived as dysfunctional or biased, public trust in democratic institutions is eroded. This creates fertile ground for populist and authoritarian discourses, which feed on popular disillusionment.
Brazilian democracy, already tested by political and economic crises, now faces the challenge of restoring confidence in its institutions. The Bolsonaro case is a wake-up call: without structural reforms to the political and judicial systems, the country risks perpetuating a cycle of instability and mistrust.
What do you think of these analyses? Do they reflect the reality you observe?
