Fachin Assumes Office as Chief Justice
Brazil’s Supreme Court voted on Wednesday to appoint Edson Fachin as its chief justice for a two-year term, beginning September 29. Alexandre de Moraes, newly sanctioned by the United States, was chosen as his vice. Fachin, 67 years old, was named to the court by former President Dilma Rousseff in 2015 and made national headlines presiding over the “Car Wash” corruption probe that led to the prosecution and jailing of major political leaders.
The vote came after the court’s tradition of electing the most experienced justice who has not yet filled the chief’s seat, with Fachin receiving all 10 votes from colleagues. He replaces Chief Justice Luis Roberto Barroso, who commended Fachin’s “moral and intellectual quality” and extended a welcome for him to preside over the court at a critical juncture. Fachin thanked colleagues, promising to reinforce “pluralism and dialogue” during his term.
Timing Matters Amid Political Turmoil
Fachin’s appointment is at a delicate time for Brazil, which is coinciding with next year’s presidential elections and major judicial hearings. Significantly, his term will cover cases against former President Jair Bolsonaro, who is being tried on charges of conspiring to negate the 2022 election results.
Moraes, who is deputy chief justice, is also presiding over Bolsonaro’s trial and sat atop Brazil’s supreme electoral court when it held that the ex-president wouldn’t be allowed to serve in public office again until 2030 for his conduct related to the recent election. Moraes has stressed the court’s aspiration of finishing trials of Bolsonaro and others accused of trying a coup by the end of the year.
US Sanctions Add International Dimension
The leadership of the court follows increased global attention. The United States sanctioned Moraes last month for allegedly approving arbitrary pre-trial detentions and restricting freedom of expression. Moraes defended the court, insisting that it would not bend under foreign pressure and vowed to defend Brazil’s constitution.
The nominations of Fachin and Moraes indicate continuity in the Supreme Court’s approach to politically sensitive cases while emphasizing the judiciary’s autonomy in the face of domestic as well as international pressure. Analysts anticipate that their stewardship will be decisive in negotiating Brazil’s political and legal challenges as the nation enters another closely contested election period.
