Brazil's highest court is no longer acting like an independent arbiter of justice. In recent years, the Supreme Federal Court has transformed into an overtly political actor—censoring dissent, banning platforms, and prosecuting opposition figures, all while consolidating power beyond its constitutional role.
Although the 1988 Brazilian Constitution mandates a separation of powers, recent years have seen the judiciary, particularly the Supreme Federal Court, assert growing dominance over the political process. The court is comprised of 11 appointed justices who serve until the required retirement age of 75. Most were nominated by administrations aligned with the Workers' Party, the left-wing populist party led by current Brazilian President Luiz Inácio Lula da Silva, known as Lula.
The court's decisions have increasingly reflected its ideological leanings, especially in cases targeting dissent. Justice Alexandre de Moraes has become the face of this shift. In 2019, the court launched the so-called fake news inquiry, a secretive investigation targeting its critics—including journalists, opposition politicians, and ordinary citizens—on social media. Since then, Moraes has ordered press censorship, account suspensions, and even platform-wide bans. Ahead of Brazil's 2024 elections, he ordered the country's internet providers to block access to X, arguing that the platform could influence the election outcome.
