Analysis: In Fux We Trust – Will Brazil’s New Chief Justice Be Subservient to Bolsonaro?

RIO DE JANEIRO, BRAZIL – One question concerning the inauguration of Justice Luiz Fux as Presiding Justice of the Federal Supreme Court (STF), is whether he will be as subservient to President Jair Bolsonaro as his predecessor, Dias Toffoli, sometimes proved to be.

Their profiles are different. But even among the STF justices, there is discomfort with the two-year Toffoli administration that ended on Thursday, September 10th, where there was little or no reaction to the President’s attacks, including those suffered by the Court.

Fux, in turn, has already been advised to remain respectful towards the President, but with greater detachment. So that, should Bolsonaro abandon his “peace and love” line, the Supreme Court may position itself vigorously. The truth is that Toffoli simply ignored the President’s many attacks: from “it’s over, damn it” to “we won’t have a day like yesterday”. He even recently said that there was no anti-democratic attitude from Bolsonaro. Given this stance by Toffoli, the dean of the STF, Justice Celso de Mello, was forced to rise to the occasion, to defend the institution.

But the question still remains: what will Fux’s leadership be like in relation to Bolsonaro? It will depend on President Bolsonaro. According to court justices, Fux tends to oppose Toffoli in this respect. To be more energetic, so to speak, should the Supreme Court, the Judiciary and the Constitution need to be defended.

In this regard, at least for the justices, the change of positions comes as a relief. The magistrates – particularly justices Alexandre de Moraes and Celso de Mello – perceived a threat not only in Bolsonaro’s repeated statements defying the STF, but also in the irreverence with which Bolsonaro crossed the street and entered the Supreme Court, with an entourage of entrepreneurs, being welcomed by a crestfallen Toffoli.

And what the President intended with this step was to pressure the Court to review its position on the autonomy of governors and mayors in decisions regarding social isolation in their territories.

The point here is not only the defense of the Court, but of democracy. By turning a deaf ear, despite the fact that the plenary imposed serial defeats on the Bolsonaro government, Toffoli did the country a disservice. At times, the President felt “empowered” by this silence and further raised the tone against the Court.

The consequences are already known: after all Bolsonaro’s attacks on the Court, the far-right radicals continuously stepped up their artillery against the magistrates, whether on social media or live, as in the fireworks case. It was an almost orchestrated operation. With Fux in power, the plan now is also to better organize the defense of the Court, so that reactions will always achieve the correct tone and be accurately measured.

Source: Veja