From Montreal, earlier this week, the chief justice of the Supreme Court of Brazil, Luís Roberto Barroso, managed a crisis of international magnitude from his cell phone.
The day before, one of the judges of “his court”, Alexandre de Moraes, announced that he was launching an investigation targeting the boss of the social network X, Elon Musk, for obstruction of justice.
The announcement, which comes after the multibillionaire refused to block certain social network accounts suspected of spreading disinformation in Brazil, made headlines around the world and raised the ire of Mr. Musk and his supporters, who have since accused the Brazilian court of censorship, or even “tyranny”.
Chief Justice Barroso responded to the businessman’s outcry by supporting Judge de Moraes’ approach. “I don’t plan to debate with Elon Musk at all. There is nothing personal or ideological about this matter,” he told me during an interview Tuesday morning at Café Renoir, while sipping chamomile. “My role is to ensure that the Constitution of Brazil and the laws of the country are respected. »
His answer is an understatement. The Supremo Tribunal Federal that he has headed since 2023 is in a way a magnified Supreme Court, holding the equivalent of superpowers at the heart of the Brazilian state apparatus. Everything is conferred on it by the Brazilian Constitution of 1988 which is broad, ruling as much on the separation of powers and fundamental rights as on the protection of the environment, public health and the education system. “Even the rules for the mining industry are in the Constitution,” gives the magistrate by way of example.
Appearing regularly on television to read his court’s decisions, Judge Barroso is a celebrity.
He has also become a leading figure in the battle against far-right forces challenging Brazilian democracy.
By the same token, he is also one of the favorite targets of Jair Bolsonaro, the former far-right president who, with his clan, tried to obstruct the last Brazilian elections by denouncing electoral fraud even before the vote was held. in 2022. Then president of the Brazilian Electoral Court, Judge Barroso blocked his path. He was subjected to a barrage of insults and threats.
Today, the magistrate is forced to travel with bodyguards to Brazil, but does not give up.
PHOTO MARCO CAMPANOZZI, THE PRESS
Magistrate Luís Roberto Barroso, during his interview with our columnist, Tuesday morning
And it is for this reason that his court is looking today at the thin line which separates freedom of expression and the abuse of power. “For me and for my court, freedom of expression is a fundamental value. This is particularly true for my generation, who lived under a military dictatorship in which censorship was the rule,” notes the 66-year-old.
Yes, the internet and social media have democratized access to information and knowledge, but they have also become an avenue for disinformation, conspiracy theories and slander.
Luís Roberto Barroso, President of the Federal Supreme Court of Brazil
“At the same time, Brazil, like others, is facing the rise of authoritarian populism and the control of the far right over the conservative camp. And among their strategies is the use of disinformation to attack institutions. So we must find a balance between freedom of expression and the preservation of democracy against far-right forces,” explains the magistrate.
The threat is not theoretical in the large South American country, he recalls. “We suffered attacks against the press and the Supreme Court. We had a parade of tanks on the main square where the three powers of the State converge. During the COVID-19 pandemic, we have faced denial about the importance of the problem. Brazil has 2% of the world’s population, but suffered 10% of the deaths. I think the fact that there was no concession of victory after the last elections is a crime. We saw people camping in front of the headquarters of the armed forces. Not to protest, but to demand a coup d’état,” he lists.
PHOTO UESLEI MARCELINO, REUTERS ARCHIVES
Former Brazilian President Jair Bolsonaro greeting his supporters in Goiânia on April 4
And it’s not over. Jair Bolsonaro asked his supporters to mobilize on April 21. The Supreme Court, which declared him ineligible for eight years, is still in his sights.
This is the same court that put Brazil’s current president, Luiz Inácio Lula da Silva, in prison for corruption in 2018, but ended up acquitting the left-wing politician in 2021. “The battle against corruption in Brazil is important , but there were errors made and the case against President Lula may have been one of those,” the jurist limits himself to saying.
On Monday, Justice Barroso was invited to share his experience at a conference at McGill University on “threats to civility and the struggle for liberal democracy” which also included former justice Rosalie Silberman Abella. of the Supreme Court of Canada, and Vikas Swarup, former Indian diplomat and author of the book behind the film Slumdog Millionaire.
The courts, while they are an important bulwark, cannot win the battle alone, argued Judge Barroso, who practices meditation to keep a cool head and weather the storm.
A court of law cannot defend democracy alone. We need the press and civil society.
Luís Roberto Barroso, President of the Federal Supreme Court of Brazil
“And we need part of the political class,” he concludes. Otherwise, it is defeat like in Russia, Hungary and Venezuela. »