(2008) 11 International Trade and Business Law Review 179-217
How Brazilian Judges Undermine
the Rule of Law: A Critical Appraisal
Augusto Zimmermann
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ABSTRACT
This article presents a brief description of the Brazilian judicial system followed by a
critical explanation of why, as a rule, this system looks much better on paper than it is
in practice. In doing so, it provides not only a general description of the judiciary in
Brazil, but also explains its many problems associated with judicial delay, corruption,
nepotism, and politicisation. These problems have hindered the realization of the rule
of law by dramatically reducing the level of social confidence in the overall judicial
system. Some specific suggestions and recommendations are provided with a view to
remedial actions.
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