“The worst dictatorship is the dictatorship of the Judiciary. Against her, there is no one to turn to.”. Rui Barbosa’s phrase was quoted by the president of the Brazilian Bar Association (OAB) – Rio Grande do Sul Section, Leonardo Lamachia, when opening his talk at the lunch meeting of the Chamber of Industry, Commerce and Services of Caxias do Sul ( CIC Caxias), this Monday (23), when he spoke about the impacts of judicial activism and the progress of the Tax Reform. The event served as a stage for the promotion of the Freedom Forum 2024 in Serra Gaúcha, promoted by the Institute of Business Studies (IEE).
“These decisions interfere with legal security, which is fundamental for the country to develop. What is the point of us debating a Tax Reform, which, by the way, did not have the necessary debate, which was dismissed by the president of the Chamber, deputy Arthur Lira, without there being the possibility for Brazilian society to have a broader debate.” Leonardo Lamachia’s criticism referred to the decisions of the Federal Supreme Court, the dysfunction between the Powers and the effects on Tax Reform.
According to the president of the OAB of Rio Grande do Sul, the Constitution of 88 was a landmark for activist actions, causing dysfunctions in which the Executive legislates, through a Provisional Measure, the Legislative executes, through a Parliamentary Amendment, and the Judiciary legislates and executes . For Leonardo Lamachia, the maturity of a democracy is explained by the authorities’ respect for constitutional norms. “Brazilian society needs to act in relation to pure activism initiatives, which interfere in decisions made by other Powers and which create dysfunctions in the system so well designed by Montesquieu. We cannot allow judicial arrivism to be established in the name of justice”, he maintained.
The president of OAB/RS pointed out that the separation of Powers is a fundamental part of a democratic Constitution, and that excessive flexibility that tends to concentrate power solely in the hands of a single body or a single person cannot be accepted by society.
In his opening statement, the president of CIC Caxias, Celestino Oscar Loro, highlighted that there is an identity of visions and purposes with those who defend the principles of freedom, democracy, ethics, transparency and, mainly, legal security.
“We believe that freedom is the foundation on which we build our lives, our businesses and our communities. We defend individual freedoms, economic freedom and freedom of expression and opinion, essential for a healthy and dynamic society. In the same way, we cannot talk about freedom of any kind if we do not have legal security”, highlighted Loro.
