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Brazil’s Supreme Court has evolved into the new locus of Brazilian patrimonialism, reproducing historical patterns of concentrated, entrenched power. This development can be traced to institutional choices embedded in the state’s 1988 constitution, compounded by judicial self-expansion and political acquiescence. The author proposes constitutional reforms to narrow the Court's jurisdiction and impose independent oversight, and recommends strengthened enforcement mechanisms.
Key Takeaways
- The current power of Brazil’s Supreme Court reflects a deep patrimonialist tradition, marked by the monopolization of power, the suppression of dissent, institutional entrenchment, and the use of public institutions for private ends.
- Brazil’s 1988 constitution created the levers for judicial overreach. Designed in reaction to the previous military dictatorship, the constitution deliberately created an unusually strong, independent, and accessible Supreme Court. Broad jurisdiction, easy access to constitutional review, tenure, and the ability to self-regulate ultimately gave individual justices extraordinary political leverage.
- The Court’s expansion occurred incrementally. Individualized judicial authority expanded into affirmative lawmaking in response to legislative “omissions.” From there, the Court claimed investigative and censorial powers through its Fake News Inquiry, before moving to weaken institutional checks such as presidential pardons and the impeachment power. The Court has consistently invoked its duty to “guard the constitutional order” to justify its expanding powers.
- Reform requires tackling the patrimonialist hallmarks and reigniting institutional checks. Proposed structural reforms include collectivizing decision-making, narrowing the Court’s jurisdiction, imposing decision deadlines and term limits, constraining the Court’s self-regulatory authority, and establishing independent oversight. These reforms must be reinforced by credible enforcement: strengthening impeachment power, leveraging Senate confirmations, and applying pressure from the media and the electorate.
Cite this essay:
Felipe Jafet, “Old Patrons, New Robes: How to Reform the Brazilian Supreme Court,” Hoover History Lab Policy Brief no. 2604, Hoover Institution, September 2026.
