Resumen de Developments in Brazilian constitutional law: The year 2016 in review
Luis Roberto Barroso, Juliano Zaiden Benvindo, Aline Osorio
Brazilian constitutional law was the subject of intense debate in 2016. Amid a political and economic crisis, the Brazilian Supreme Federal Court (STF) was called upon to intervene in several core political, economic, and social controversies. Taking the position as arbiter of national disputes, it was nonetheless thrust into the heart of the crisis. This report examines the developments in Brazilian Constitutional Law by focusing on the main controversies and major cases decided by the STF in 2016, such as the impeachment trial of President Dilma Rousseff, the enforcement of criminal sentences, the unconstitutionality of the incidence of the crime of abortion, health rights litigation, among others. It also looks into some of the STF’s longstanding flaws, such as its justices’ unbalanced powers and inability to deliver an “opinion of the Court.” As a court that has progressively gained strength and decided on matters of substantial political impact, moral disagreement, and social rights, for instance, it concludes that the comparative constitutional law field should pay more attention to the developments of the Brazilian Supreme Court.
