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Fux points out the importance of legal security for democracy

11/10/2020

The chief justice of the Supreme Federal Court (STF), justice Luiz Fux, highlighted the importance of applying precedents as a way for the Judiciary to guarantee isonomy and legal security. The demonstration took place in a lecture for entrepreneurs held by videoconference on Monday (9).

"The great strength of the Judiciary in democracy is the legitimacy of its decisions, [...] which need to be in tune with the people’s constitutional feeling," chief justice Fux emphasized, when pointing out that the Democratic Rule of Law presupposes an emancipated Judiciary that judges what is incumbent upon it according to the Federal Constitution within its institutional capacity. As an example, Fux cited the trial of the prison in second instance that expressed the popular expectation sedimented through the moral values established in the Magna Carta.

Pandemic

The justice also mentioned the need to admit exceptions within the Rule of Law, as was the Court's understanding before the Covid-19 contagion that established the concurrent jurisdiction of states and municipalities - in place of the Union's sole responsibility for the public calamity - given the different realities of the vast Brazilian territory. "It would be impossible to create a uniform rule for all the entities of the federation," he said.

Finally, the justice argued that the main role of the judiciary is to guarantee the realization of fundamental rights and that the Court has acted in this sense in historical judgments such as on homoaffective union, termination of pregnancy of anencephalic (brainless) fetuses, quotas for afro-descendants, freedom of belief, expression and the press. "Brazilian democracy is very solid, we have 32 years of Constitution with institutional stability," he emphasized.

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