Transparency’s Gestation at 9 Months – Does Bolsonaro Deliver?

Transparency for them, privacy for us! As its honeymoon draws to a close, the Bolsonaro government has revealed an insecure commitment to transparency. There are good reasons for feeling insecure. My research (here and here, and forthcoming book) has shown that few democratic regimes are as undecided about transparency as uncohesive minority governments, of which Bolsonaro’s is a prime example. Not only does Bolsonaro lack a reliable majority coalition in Congress, but his administration has been riveted by divisions among politicians...

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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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