Geraldo Dutra de Andrade Neto, Judge Secretary of International Relations of the Brazilian Magistrates Association (AMB) and Member of the Executive Board of the Latin American Federation of Magistrates (FLAM)

While the press focused on the US electoral dispute, in several Latin American countries, Judges' associations fought (and still fight) to maintain judicial independence in a scenario of persecution and restriction of rights. Away from the spotlight, the Judiciaries are pressured by a wave of interference, seeking to subvert the democratic balance achieved in recent decades.

In Mexico, the Judiciary may collapse due to recently approved constitutional reforms that convert Judge positions into elective posts, subject to popular vote – and, therefore, to the influence of forces that determine election results. In practice, what occurred was the undue removal of all Judges, contrary to the principles and international norms that protect the separation of powers. The reform could lead to a complete capture of the Judiciary by political power and spurious influences, including organized crime, thereby undermining the independence of Judges, which is essential to ensure a jurisdictional function aligned with democratic principles.

The Judiciary also faces a series of attacks in Ecuador, where a Prosecutor was recently assassinated. There have been incursions into the homes and offices of members of the National Court of Justice motivated by disagreements with the content of judicial decisions. Additionally, Ecuadorian Judges suffer from defamatory campaigns, generically labeled as corrupt – creating a hostile environment. Such events, which can lead to the submission of Judges, violate the independence of the Judiciary.

In Peru, the processing of bills that threaten the autonomy of judicial institutions and seek to control their operators is concerning. These changes could criminalize judicial decisions – the so-called crimes of hermeneutics – intimidating Judges and Prosecutors and compromising the jurisdictional function. Additionally, they foresee the creation of a commission in Congress to investigate the work of Magistrates and members of the Public Ministry, which represents a blatant threat to judicial independence and the separation of powers.

The situation in Costa Rica is equally worrisome. The country's president took advantage of his position to issue opinions on rulings, questioning the actions of Magistrates, with the aim of obtaining a certain judicial resolution. When the head of state discredits the Judiciary, it not only disrupts the harmony between the powers but also undermines public confidence in the courts' ability to deliver justice.

In Honduras, the stability of Judges and Prosecutors is under constant threat, with the forced transfer of Magistrates and the use of disciplinary processes as an instrument of intimidation. The Inter-American Commission on Human Rights received complaints about transfers and revocations of assignments, neither consented to nor accepted by the Judges – which contradicts the principle of immovability in office. This attribute allows the Judiciary to decide cases without fear of reprisals from political power.

On all these occasions, the Latin American Federation of Magistrates (FLAM) spoke out in defense of the judiciary, denouncing the escalation of harassment and calling on the authorities to respect the autonomy of the courts. With an active voice in Latin America, the organization has warned of the risks of these interventions, since judicial independence, more than a prerogative of the function, is a fundamental right of the population, ensuring truly fair and equitable justice.

Brazil is no stranger to these challenges. The invasion of the headquarters of the Three Branches of Government on January 8, 2023 was a landmark of disrespect for institutions. Magistrates face direct threats and see their roles questioned by groups who, unhappy with the free and regular exercise of jurisdiction, have resorted to violent practices. The recent explosions in front of the Brazilian Supreme Court's headquarters illustrate the magnitude of the challenges.

The situation is serious, especially considering that half of Brazilian Judges face or have faced threats to their lives or physical integrity, according to the ‘Profile of the Latin American Judiciary’ survey carried out by the Center for Judicial Research (CPJ) of the Brazilian Magistrates Association (AMB) in partnership with FLAM and the Institute of Social, Political and Economic Research (IPESPE). Only in Bolivia is the situation worse, with 65% of Judges experiencing the problem.

Given this scenario, it is urgent for Latin American peoples to unite in support of Judges in the fight for judicial independence. Maintaining social peace requires a strong and autonomous Judiciary, whose actions are guided by its commitment to the Constitution and the laws. May the examples of resistance set by judicial associations prevail, so that we never become hostages to a justice system that is tied to external interests.
_______

Published on Conjur