Viewpoint by Boaventura de Sousa Santos*
COIMBRA, Portugal (IDN) – The Lula da Silva case blatantly shows that something is rotten in the Brazilian judicial system. It brings to the fore procedures and practices that are incompatible with the basic principles and guarantees of democracy and the rule of law, in a way that needs to be denounced and democratically opposed.
The principle of the independence of the courts is one of the basic principles of modern constitutionalism. It ensures that citizens have the right to a justice that is free from pressures and interference on the part of political or factual powers, whether national or international.