Article Brazil: Association of Magistrates Questions Constitutionality of Law Criminalizing Abuse of Authority

(Oct. 25, 2019) On September 28, 2019, the Association of Brazilian Magistrates (Associação de Magistrados Brasileiros, AMB) filed a lawsuit with the Federal Supreme Court asking the Court to declare unconstitutional articles 9, 10, 19, 20, 27, 30, 32, 33, 36, 37, and 43 of Law No. 13,869 of September 5, 2019. This Law was approved by the National Congress after overruling 18 vetoes of particular provisions of the Law by President Jair Bolsonaro.

The AMB objected to these articles because they criminalize particular actions of public officials, including magistrates, as abuses of authority.

According to a press release issued by the Association on September 30, 2019, the articles violate several constitutional principles, including

  • judicial independence, which gives magistrates the necessary guarantees to perform their judicial function (prestação jurisdicional) by reasoned decisions;
  • legal certainty; and
  • minimum criminal intervention and proportionality relative to conduct of minimum potential harm.

Furthermore, the Association argues that the Law contains concepts that are abstract, imprecise, and generic, which may lead to several different interpretations and, consequently, create an “undesirable judicial insecurity” in the legal realm.

About this Item

Title
Brazil: Association of Magistrates Questions Constitutionality of Law Criminalizing Abuse of Authority
Online Format
web page

Rights & Access

Publications of the Library of Congress are works of the United States Government as defined in the United States Code 17 U.S.C. §105 and therefore are not subject to copyright and are free to use and reuse.  The Library of Congress has no objection to the international use and reuse of Library U.S. Government works on loc.gov. These works are also available for worldwide use and reuse under CC0 1.0 Universal. 

More about Copyright and other Restrictions.

For guidance about compiling full citations consult Citing Primary Sources.

Credit Line: Law Library of Congress

Cite This Item

Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.

Chicago citation style:

Brazil: Association of Magistrates Questions Constitutionality of Law Criminalizing Abuse of Authority. 2019. Web Page. https://www.loc.gov/item/global-legal-monitor/2019-10-25/brazil-association-of-magistrates-questions-constitutionality-of-law-criminalizing-abuse-of-authority/.

APA citation style:

(2019) Brazil: Association of Magistrates Questions Constitutionality of Law Criminalizing Abuse of Authority. [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2019-10-25/brazil-association-of-magistrates-questions-constitutionality-of-law-criminalizing-abuse-of-authority/.

MLA citation style:

Brazil: Association of Magistrates Questions Constitutionality of Law Criminalizing Abuse of Authority. 2019. Web Page. Retrieved from the Library of Congress, <www.loc.gov/item/global-legal-monitor/2019-10-25/brazil-association-of-magistrates-questions-constitutionality-of-law-criminalizing-abuse-of-authority/>.

More Articles like this