The reason why unrestrained interpretation is nourishment for the desires of tyranny
Keywords:
Legal autonomy, Discretion, Fundamental guaranteesAbstract
The crisis triggered by Intercept Brasil's revelations about Operation Car Wash calls into question judicial impartiality. Sergio Moro, the judge in the case, appears in leaked conversations interacting closely with prosecutors, guiding the Federal Prosecutor's Office's strategies, and making decisions that had been previously agreed upon outside the court records. This type of action is closer to that of a prosecutor than a judge, violating constitutional and procedural principles such as the right to a fair hearing, the equal distance between the prosecution and the defense, and the principle of impartiality. If such manipulation is legitimized in the name of “justice,” it erodes the democratic rule of law, as the law goes from being a guarantee to a mere political ornament.
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