XVII Congress of the Brazilian Studies Association

Human Rights policymaking as a site of autocratic legalism: evidence from Brazil under Bolsonaro

• In Event: Brazil’s Far Right in Context

Abstract

Scholars, analysts, and activists around the world have had a hard time trying to fully understand and resist the political shifts in countries affected by "democratic backsliding". Among those studying law's role in this process, some have called attention to the abuse of executive lawmaking tools such as decrees and ordinances, which has been the preferred tactic of autocratic leaders such as Trump and Bolsonaro. However, insufficient clarity exists as to what criteria should be used to deem mobilization of these tools a power abuse that undermines democracy. This paper explores the intricate relationship between policy-making, administrative law, and democracy/democratic backsliding and proposes a framework for its study. Based on the proposed framework, preliminary evidence about how that relationship evolved in Human Rights policymaking (and why one can see signs of autocratic legalism in this policy domain) in Brazil under Bolsonaro is also presented.

Author

• Fabio de Sa e Silva, University of Oklahoma