The Failure of Counter-Majoritarianism in Brazil’s (Evolving) Legal Order

Law has failed Brazil in a moment of decisiveness. Brazil’s judiciary, like any other, is a counter-majoritarian institution – the last check on the mercurial majorities represented by parliaments and presidents. Yet this basic premise has been lost to frenzied majoritarianism. Yesterday, the prosecuting judge behind the ‘Car Wash’ scandal, Sergio Moro, acted in a decidedly majoritarian and legally irresponsible manner by releasing taped conversations between former and actual Presidents, Luiz Inacio Lula da Silva and Dilma...

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