The President of Brazil’s Federal Supreme Court (STF) declared today in Luanda that courts must make rulings without fear of government or economic power, highlighting that Angola and Brazil share a mutual responsibility to foster plural and inclusive institutions.
Speaking during a keynote address on “Constitutional Democracy and Judicial Independence” at the Palace of Justice in Luanda, Luís Edson Fachin emphasized that judicial independence belongs to the citizenry rather than the judges themselves.
He noted that such independence exists to protect individuals appearing before the court, ensuring they face a tribunal that decides strictly according to the law rather than yielding to executive authority, financial influence, media pressure, or majority opinion.
Fachin outlined two essential components of judicial autonomy: institutional independence and decision-making independence. Institutional independence requires administrative and budgetary autonomy alongside objective appointment standards to prevent external interference from other government branches.
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Meanwhile, decision-making independence protects individual magistrates from political interests, economic pressures, or media campaigns, ensuring their sole allegiance remains to the Constitution and statutory law.
Addressing an audience of judicial magistrates, public prosecutors, legal scholars, and law students, the Brazilian jurist praised the historic and ancestral cooperation between Brazil and Angola.
He described both nations as pluralistic and multicultural societies shaped by complex histories, asserting that both countries face an ongoing commitment to building state institutions that reflect their societal diversity.
Reflecting on the evolution of Angolan constitutionalism, Fachin acknowledged its progression from the revolutionary framework of the 1975 Constitutional Law toward a system dedicated to the democratic rule of law. Addressing the legitimacy of non-elected constitutional judges who review decisions made by democratically elected officials, he explained that judicial authority rests on procedural integrity and public reasoning rather than electoral mandates.
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He stressed that magistrates must remain accountable by providing transparent, publicly accessible arguments open to academic analysis, media examination, and public debate.
Concluding his address, the head of Brazil’s National Council of Justice identified key modern challenges facing global legal systems, including technological proliferation, disinformation, and digital manipulation.
He urged law students and future jurists to uphold technical rigor, republican ethics, and prudence, emphasizing that fundamental rights must be defended most fiercely during difficult times rather than sacrificed for political convenience.
