The reason why unrestrained interpretation is nourishment for the desires of tyranny

Authors

  • Lenio Luiz Streck Universidade do Vale do Rio dos Sinos

Keywords:

Legal autonomy, Discretion, Fundamental guarantees

Abstract

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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Author Biography

Lenio Luiz Streck, Universidade do Vale do Rio dos Sinos


Doutor e pós-doutor em Direito. Professor titular da Unisinos-RS e da Unesa-RJ. Advogado.

Published

2019-09-09

How to Cite

STRECK, Lenio Luiz. The reason why unrestrained interpretation is nourishment for the desires of tyranny. Boletim IBCCRIM, São Paulo, v. 27, n. 322, p. 32–33, 2019. Disponível em: https://publicacoes.ibccrim.org.br/index.php/boletim_1993/article/view/2378. Acesso em: 16 may. 2026.

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