The minister of the Federal Supreme Court (STF), Dias Toffoli, stated during a speech given at the Esfera Forum, which takes place in Rome this Friday (11), that Brazil suffers from extreme judicialization.
“It is a crisis of confidence in which, it is because society is failing to solve its problems… whether in agencies, in Congress or in politics”, stated the magistrate.
The minister highlighted that, to a large extent, if most matters end up in court it is because “there is a judicialization of politics by politics itself”.
According to Toffoli, Brazil is one of the countries that judges most collectively and, in his analysis, this is also due to the fact that it is a “complex country, with regional diversity and social diversity”.
“It is a federation whose pact must always be refounded. The Supreme Court is always refounding society’s pacts”, he added.
According to the minister, 20% of direct unconstitutionality actions are taken to the Supreme Court by political parties. He attributes this number to the fact that Brazilians, in his view, have the idea that “a contract, to be valid, must have a final judgment… if it doesn’t have a final judgment, it’s not valid”.
According to the judge, one of the solutions to what he called a “crisis of confidence” is “a pact between the powers” and, in addition, he also cited the importance of a good relationship between society and the State in this process.
“Society and the State cannot be enemies. (…) The State needs society and society needs the State to develop, create jobs, create wealth. In an increasingly complex world, we need to understand that society is in a hurry”, added the minister.
