NO ONE CAN SERIOUSLY ACCUSE ALEXANDRE DE MORAES OF HAVING A POLITICAL SIDE

IT IS POSSIBLE TO CRITICIZE ALEXANDRE DE MORAES FOR DECISIONS THAT, IN THE VIEW OF SOME, OPERATE AGAINST SPECIFIC INTERESTS, OR EVEN TO POINT TO AN EXCESS OF POWER IN HIS ACTIONS. HOWEVER, ACCUSING HIM OF BEING PARTISAN DOES NOT HOLD UP UNDER CONSISTENT ANALYSIS.

IF THERE IS A JUSTICE ON THE BRAZILIAN SUPREME FEDERAL COURT WHO DEFINITIVELY CANNOT BE LABELED AS ALIGNED WITH A POLITICAL PARTY, THAT JUSTICE IS ALEXANDRE DE MORAES. OVER THE LAST FEW YEARS, HE HAS BEEN ACCUSED OF PERSECUTING THE WORKERS PARTY, HAS BEEN DESCRIBED AS RIGHT WING, AND MORE RECENTLY HAS BEEN ACCUSED OF PERSECUTING JAIR BOLSONARO, BEING LABELED A COMMUNIST JUDGE. THESE ACCUSATIONS CONTRADICT EACH OTHER AND, WHEN CONSIDERED TOGETHER, THEY HIGHLIGHT THE ABSENCE OF ANY FIXED IDEOLOGICAL ALIGNMENT.

THE TRAJECTORY OF ALEXANDRE DE MORAES REPEATEDLY DEMONSTRATES THAT HIS ACTIONS DO NOT FOLLOW A PARTISAN LOGIC, BUT RATHER HIS OWN INTERPRETATION OF THE INSTITUTIONAL ROLE OF THE SUPREME COURT.

THAT SAID, THE ACCUSATIONS THAT HE IS A DICTATOR OR A MONOCRATIC JUDGE ARE NOT EXCLUSIVELY THE RESULT OF HIS INDIVIDUAL CONDUCT, NOR ARE THEY SOLELY THE RESPONSIBILITY OF THE SUPREME FEDERAL COURT AS AN INSTITUTION.

THE SUPREME FEDERAL COURT IS NOT A COURT OF JUSTICE IN THE CLASSICAL SENSE, BUT A CONSTITUTIONAL COURT. IT IS THE BRAZILIAN CONSTITUTION THAT DEFINES THE RULES OF THE GAME. THE JUSTICES DO NOT CREATE THIS ARRANGEMENT, THEY ONLY OPERATE WITHIN THE LIMITS AND POWERS THAT THE CONSTITUTIONAL TEXT ASSIGNS TO THEM.

WE ALWAYS RETURN TO THE POINT THAT THE CENTRAL PROBLEM OF BRAZIL IS THE CONSTITUTION. IT IS THE CONSTITUTION THAT MUST BE QUESTIONED, REFORMED, AND CONFRONTED IN PUBLIC DEBATE, NOT THE JUSTICES WHO MERELY INTERPRET AND APPLY IT.

THE BRAZILIAN CONSTITUTION CONTAINS NUMEROUS AREAS OPEN TO INTERPRETATION, IN ADDITION TO ARTICLES THAT, IN MANY SITUATIONS, CONTRADICT OTHER ARTICLES. THIS CREATES A LEGAL AND LEGISLATIVE MADNESS, WHERE ALMOST ANY DECISION CAN BE JUSTIFIED BASED ON THE CONSTITUTIONAL TEXT.

UNTIL THIS STRUCTURE IS SERIOUSLY AND OBJECTIVELY ADDRESSED, THE COUNTRY WILL REMAIN TRAPPED IN INSTITUTIONAL CONFLICTS, LEGAL UNCERTAINTY, AND POLITICAL PARALYSIS. WITHOUT A DEEP REVISION OF THE CONSTITUTION, BRAZIL SIMPLY DOES NOT MOVE FORWARD.