A Militant democracy on the agenda of the Supreme Federal Court

Abstract

The democratic heyday of the 1990s underwent a serious inflection at the beginning of the 21st century. Alongside the traditional institutional ruptures, governments, almost always populist, began to erode the democratic edifice from within. With constitutional reforms and legislative changes that escape constitutional review, mediated by appeals to a supposed sovereign will of the people and anti-system discourses, they introduced illiberal elements into the democratic mortar. Illiberal practices began to coexist with practices of militant democracy, revealing “sinkholes” in democratic systems, showing that the model of democracy of the last century is no longer sustainable. Democracies are experiencing a process of regression or erosion in practically every corner of the world, mainly through the emergence of populist and illiberal leaders. Brazil is no exception. The purpose of this symposium is to discuss how illiberal practices have manifested themselves and what type of measures have been adopted to contain them. Especially in the context of the Constitutional Courts. In the case of Brazil, among other practices, the leading role assumed by the Supreme Federal Court stands out in its efforts to contain its progress during the erosion of democracy. This unusual role is being played by the Supreme Court, with preventive and reactive actions at the same time. The consequences of this action are points that open up for the future. The central point of the debate is the mechanisms that can be created so that democracies can avoid the erosion of their own foundations, and whether or not those that are already being implemented achieve their objectives.