The attacks of the Jair Bolsonaro government on the Supreme Electoral Court threaten the stability of the political system. The warning comes from Diego García-Sayán, United Nations rapporteur on the Independence of Judges and Lawyers.
in an exclusive interview with UOL He described how he tried to make a visit to Brazil in Geneva this Tuesday, implying that the country would not want Venezuela to follow suit, and that an institutional break in the country would have a regional effect.
According to him, the threat to TSE is “obviously a problem”. “Courts are supposed to enjoy independence and autonomy in general. Questioning an electoral court for alleged non-independence, for which there is no indication or evidence that this is so, threatens the stability of the political system,” he warned.
Making a gesture with his hands pointing to the north of South America, Garcia-Sayan reminded that “another country” in the region had experienced something similar before. Referring indirectly to the crisis in Venezuela, he said, “This created the violence and tension that (the country) is currently experiencing. And I wouldn’t want such a situation to happen again in Brazil.”
In Caracas, one of the most serious elements of the political crisis under Nicolas Maduro was the Executive’s attack on the Judiciary, causing an unprecedented turmoil in the country for decades.
A report by Michelle Bachelet, the UN High Commissioner for Human Rights in 2020, even warned that “judicial independence is stifling” in Venezuela. More recently, the Supreme Court of Justice appointed a new National Electoral Council with the vast majority of Maduro supporters.
According to the rapporteur, an impact on democracy in Brazil would have a “very serious impact” on the region. “When there was an epidemic of militarism in South America and Latin America in the last century, what happened in Brazil in 1964 was almost the first piece of a domino game that polluted all of Latin America,” he said.
“It doesn’t mean the same thing will happen now. Electoral democracies in other countries are working. But when they feel threatened and with impunity in other areas, they whet their appetite,” he said. “I don’t even want to think or believe that this will happen in Brazil and that what we have are some phrases and words that were said in the context of a political campaign that never turned into effective actions. Touch the judges in the Supreme Court or the TSE,” he said.
But when asked if the threat remained in words, the rapporteur insisted that the world should watch. “There are international rules that must be respected, and one of them is the autonomy of all courts, including electoral courts,” he said.
Brazil visit
The rapporteur received information about Jair Bolsonaro’s attacks on democracy a month ago and met with Brazilian institutions. The contact highlighted international concern over the fate of democracy and fear that the electoral process could spark a crisis in Latin America’s largest country.
At the meeting, the groups presented García-Sayán with evidence and information about threats to the judiciary and the democratic rule of law.
The online meeting took place at the initiative of the ABI (Brazilian Press Association). In addition, AJD (Association of Judges of Democracy), Arns Commission, OAB-ES International Law National Commission, OAB-RJ International Law Commission, Federal Council National Commission on Human Rights were also present. OAB, Conectas Human Rights, CNDH (National Human Rights Council), MNDH (National Human Rights Movement), Democracy Pact and SBPC (Brazilian Association for the Advancement of Science).
UN rapporteurs do not have the power to try or sue a country. But representatives can pressure and embarrass a government in front of the international community by demanding a response or making public condemnations.
“The information I have received points to attacks on lawyers and restrictions on the exercise of legal defense.” “This is reinforced in an electoral context in Brazil and in any country,” he added.
The rapporteur pointed out that Brazilian institutions wanted him to visit Brazil before the elections. But, according to him, such a project cannot be realized. One option he’s considering is a trip to São Paulo and Rio de Janeiro in hopes of gathering information. However, this would not be an official duty of the UN rapporteur.
source: Noticias
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