Judicial Independence as a Shield Against Authoritarianism

In an era where the echoes of authoritarian tendencies persist, the importance of judicial independence remains paramount. On October 6th, 2025, Edson Fachin, the President of Brazil’s Supreme Federal Court (STF), addressed these concerns in a poignant speech during the closure of the I Semana da Constituição at STF. Emphasizing “free and monitored elections” as vital to democracy, Fachin underscored how judicial independence acts as an indispensable shield against arbitrary power.

The event marked the first occurrence of this constitutional celebration, emphasizing its significance by integrating it into STF’s annual agenda, thus reinforcing its commitment to preventing authoritarianism in Brazil. As the nation commemorated 37 years since the promulgation of its Federal Constitution, Fachin articulated that real and balanced separations between government powers and armed forces under civilian control are fundamental structures for upholding a democratic rule of law.

This sentiment resonates amidst recent claims from allies of former President Jair Bolsonaro suggesting his legal defenses were inadequate given the STF’s position as the final judicial instance. Fachin, without naming individuals, reminded all that it is within the Constitution to find ultimate resolutions on fundamental state matters concerning the rule of law and citizenship.

Since assuming the role of Supreme Court president, Fachin reiterated a commitment to discerning between legal and political realms: “to the law what belongs to the law; to politics, what belongs to politics.” This stance becomes particularly relevant amidst ongoing political disputes in Congress related to judicial decisions, such as those concerning penalties for anti-democratic acts.

Under his leadership, Fachin vows to prioritize anti-corruption measures and focus on vulnerable groups. He pledges to enhance plenary sessions to bolster collegiality within the STF, reinforcing a collective commitment to constitutional principles.

This discourse is crucial in maintaining democratic integrity against the backdrop of lingering threats from authoritarian inclinations both domestically and internationally. As Brazil navigates these challenges, the judiciary’s role as a bastion of democracy remains indispensable, ensuring that liberty and justice are not mere aspirations but tangible realities.

For further insights into this pivotal moment in Brazilian judicial history, continue reading at CartaCapital.