Mixed Race Studies

A Blunt Chief Justice Unafraid to Upset Brazil’s Status

The New York Times
2013-08-23

Simon Romero, Brazil Bureau Chief

BRASÍLIA — Brazil’s highest court has long viewed itself as a bastion of manners and formality. Justices call one another “Your Excellency,” dress in billowing robes and wrap each utterance in grandiloquence, as if little had changed from the era when marquises and dukes held sway from their vast plantations.

But when the chief justice, Joaquim Barbosa, strides into the court, the other 10 excellencies brace themselves for whatever may come next.

In one televised feud, Mr. Barbosa questioned another justice about whether he would even be on the court had he not been appointed by his cousin, a former president impeached in 1992. With another justice, Mr. Barbosa rebuked him over what the chief justice considered his condescending tone, telling him he was not his “capanga,” a term describing a hired thug.

In one of his most scathing comments, Mr. Barbosa, the high court’s first and only black justice, took on the entire legal system of Brazil — where it is still remarkably rare for politicians to ever spend time in prison, even after being convicted of crimes — contending that the mentality of judges was “conservative, pro-status-quo and pro-impunity.”

“I have a temperament that doesn’t adapt well to politics,” Mr. Barbosa, 58, said in a recent interview in his quarters here in the Supreme Federal Tribunal, a modernist landmark designed by the architect Oscar Niemeyer. “It’s because I speak my mind so much.”

His acknowledged lack of tact notwithstanding, he is the driving force behind a series of socially liberal and establishment-shaking rulings, turning Brazil’s highest court — and him in particular — into a newfound political power and the subject of popular fascination.

The court’s recent rulings include a unanimous decision upholding the University of Brasília’s admissions policies aimed at increasing the number of black and indigenous students, opening the way for one of the Western Hemisphere’s most sweeping affirmative action laws for higher education…

…In a country where a majority of people now define themselves as black or of mixed race — but where blacks remain remarkably rare in the highest echelons of political institutions and corporations — Mr. Barbosa’s trajectory and abrupt manner have elicited both widespread admiration and a fair amount of resistance.

As a teenager, Mr. Barbosa moved to the capital, Brasília, finding work as a janitor in a courtroom. Against the odds, he got into the University of Brasília, the only black student in its law program at the time. Wanting to see the world, he later won admission into Brazil’s diplomatic service, which promptly sent him to Helsinki, the Finnish capital on the shore of the Baltic Sea.

Sensing that he would not advance much in the diplomatic service, which he has called “one of the most discriminatory institutions of Brazil,” Mr. Barbosa opted for a career as a prosecutor. He alternated between legal investigations in Brazil and studies abroad, gaining fluency in English, French and German, and earning a doctorate in law at Pantheon-Assas University in Paris…

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Barbosa made Brazil’s first black Supreme Court leader

BBC News
2012-10-10

The judge overseeing a major corruption trial in Brazil has been appointed president of the Supreme Court, the first black person to hold the post.

Judge Joaquim Barbosa, who was born into a poor family, has been praised for his judicial independence.

He will take over the post once the “Mensalao” corruption trial ends.

Brazil has the largest black population after Nigeria, many of them descendants of African slaves, but black people rarely achieve high office.

Judge Barbosa, who is 58, has been appointed by other judges, following the Court’s tradition of nominating its most senior member…

…In 2003, he became a household name in Brazil when he was appointed by then President Luiz Inacio Lula da Silva to the Supreme Court.

Two mixed-race judges had previously been members of the court, but Mr Barbosa said he was the first one who could be “widely recognised as a black man”.

“This act has great significance, as it indicates to society the end of certain visible and invisible barriers,” he said at the time…

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