When data protection eclipses national security: Brazil’s Supreme Court leans towards unconstitutionality of ministerial dossier on antifascists
In June 2020, the headline “classified governmental action aims at antifascist professors and police officers” was published by a Brazilian newspaper of national circulation. According to the outlet, the Ministry...
Municipio de Mariana Ors v BHP Plc BHP Ltd – “access [to justice] denied”
On 09 November 2020, Mr Justice Turner of the High Court, handed down a judgment that denied the jurisdiction of the English Court to adjudicate the liability of BHP Plc...
A historical precedent: IACtHR recognizes breach of the right to equality and non-discrimination in the enjoyment of a socioeconomic right on intersectional grounds of gender, poverty and race in Fireworks Factory case
In July 2019, I wrote a blog post introducing the main arguments presented to the Inter-American Court of Human Rights (IACtHR) through an amicus curiae brief. The case concerned Brazil’s...
BHP to be Dammed?
On 5 November 2015, a devastating mudslide following the collapse of the Fundao Dam tore through Mariana, Brazil, destroying entire cities, decimating the environment and destroying historic, cultural and religious...
Climate Fund Case: Climate Litigation reaches the Brazilian Supreme Court
Hailed as a milestone in Brazilian climate change litigation, a landmark decision by the Supreme Court has recently ordered public hearings in a lawsuit brought by four political parties on...
Brazil’s ‘fake news’ bill threatens to harm internet freedom and individual rights
The Brazilian Senate approved a bill to fight fake news on 30 June 2020. The bill now goes to the lower house and will need the President’s approval afterwards. This...
COVID-19, Emergency Basic Income and the Right to Life in Brazil
The coronavirus outbreak hit Brazil at a particularly difficult moment. Since 2016, Constitutional Amendment (EC) nº. 95 is in force. The provision, dubbed the “mother of all austerity plans“, limits...
Reverse racism is coming: the backlash against race conscious politics in contemporary Brazil
In February 2020, Brazil witnessed two judicial decisions that indicate backlash efforts against race informed affirmative action policy. In one case, the Superior Court of Justice, the highest appellate court...
Gentrifying intersectionality in contemporary Brazil
On 17 October 2019, for the first time in the history of Brazil’s Supreme Court, Silvia Souza, a black woman, presented oral argument before the Justices. She represented a Human...
Brazilian Superior Court of Justice Decides that Victims of Domestic Violence are Entitled to Paid Work Leave – While New Legislation Could Hinder Their Right to an Adequate Standard of Living
The Brazilian Superior Court of Justice (STJ) established a new precedent asserting that women who suffer domestic violence are entitled to a court-determined paid work leave of six months or...
Brazil’s top court uses anti-racism legislation to make discrimination against LGBT people a criminal offence
On 13th June 2019, Brazil’s Supreme Federal Court (STF), by a majority of 8 to 3, recognized discrimination on the basis of sexual orientation and gender identity as a type...
Brazilian Supreme Court Inquiry into ‘Fake News’ Violates Freedom of Speech
The Brazilian Supreme Court has begun a confidential inquiry, ex officio, to investigate alleged crimes against the honour of the Justices and ‘fake news’ about the Court. This inquiry is...