Presidentialism with Parliamentarian Constitutionalism in Brazil: the Inquiry of the End of the World and unchecked judicial imbalances

13 October 2022, Version 1
This content is an early or alternative research output and has not been peer-reviewed at the time of posting.

Abstract

Brazil’s Supreme Court has launched and presided over investigation procedures on alleged fake news. The so-called “Inquiry of the End of the World” (Inquérito do Fim do Mundo) was initiated by the President of the Court Justice Toffoli, overseen by another member of the Court Justice Moraes (also rapporteur). Brazil’s Constitution require different acts to be performed by different actors. By due process, the police investigate, prosecutors accuse, and judges judge. In the Inquiry of the End of the World, judges investigate, prosecute and judge. In a surprisingly evident festival of illegal acts, the rapporteur ordered searches and seizures, censorship, and arrests. Is Brazil’s Supreme Court stepping out of its constitutional mandate and limits? What impacts can such developments have on Brazilian Checks and Balances? How does this phenomenon fit within traditional literature on Coalitional Presidentialism in Latin America, especially Brazil?

Keywords

Brazil
Democracy
Due Process
Inquiry of the Edn of the World
Democratization

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