The paper argues that the jurisprudence of the Brazilian Supreme Court on judicial independence can be divided into three periods: (i) the authoritarian period, of explicit attacks on the Court; (ii) the democratic period, of institutional adjustments of the Judiciary; (iii) the current period, of democratic ambiguity, in which threats to judicial independence are present, although they are not always evident. Examples of these threats are suggestions of reprisals or of open non-compliance of the Brazilian Court´s decisions by the other branches of government. In these situations, the Brazilian Court is faced with the dilemma of choosing between preserving its independence (and delivering a decision that could weaken its authority) or stepping back and bowing to avoid conflict. The work presents examples of such cases in the Brazilian jurisprudence and seeks to identify what Latin American Transformative Constitutionalism has to say on this issue.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!