Carvalho on Three Books and the Brazilian Supreme Federal Court Today? What Do the Works of Kafka, Orwell, and Faoro Have In Common With Today's Brazilian Supreme Court?

Cristiano Carvalho, University of Sao Paulo, Faculty of Law, Department of Economic, Financial, and Tax Law, has published Three Books and the Brazilian Supreme Federal Court Today - What do the works of Kafka, Orwell, and Faoro have in common with today's Brazilian Supreme Court? originally in Portuguese on May 27, 2025 at www.migalhas.com.br. Here is the abstract.

This article examines the current role of the Brazilian Supreme Court through the lens of three seminal works: The Trial by Franz Kafka, 1984 by George Orwell, and Os Donos do Poder by Raymundo Faoro. Drawing parallels between literary dystopias and institutional reality, the text argues that the Court has progressively abandoned its constitutional mandate as guardian of rights and due process, assuming instead a protagonistic and often unchecked political role. The article reflects on the erosion of the rule of law, the inversion of legal logic, and the rise of selective repression, suggesting that future historians may view this period as one of the darkest chapters in Brazilian constitutional history.

Download the article from SSRN at the link.