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The Farce of Neoliberal Jurisprudence Empowered by AI
by Leonardo Silva
On two separate occasions, I mentioned the danger of automated repression of predatory litigation (video 1, video 2). However, the news demonstrates that this trend is intensifying.
The Judiciary is being redefined. It will no longer be a power that respects the Constitution, but a tool for capitalist predators. Instead of the presumption of innocence, automated suspicion is being placed against lawyers and citizens.
Companies with economic power to move newspaper editorials, magazines, and TV networks will certainly be presented as victims of greedy clients and corrupt lawyers. The fact that they systematically harm their clients to maximize profits will be considered a legally irrelevant fact when processes are extinguished based on predatory litigation? This question is rhetorical. After all, as the Lava Jato case showed, the union between the press and justice is capable of distorting the legal system to the point of suppressing total or partial individual rights and guarantees.
Mutilated by machine learning, lawyers’ prerogatives will quickly become jokes in courtrooms. They will obviously have much more time to gossip if hundreds of thousands of demands are immediately thrown away in the trash before being subject to due process.
Long live the neoliberal jurisprudence empowered by AI.
Predatory litigation is a password for the abolition of three constitutional institutes: the right to petition, the guarantee of due process, and the judgment of the cause by the natural judge. The Judiciary 4.0 will actively protect the capitalist predators in an efficient and continuous manner, providing judges with salaries above the ceiling and moral corruption. The victims will be left with only private revenge?
The search for efficiency, however, will hardly reach the STF. It is a generous mother to the governors, mayors, and legislators of the extreme right who have adopted neoliberalism and promote passive predatory litigation. Every day, a new demand enters the Supreme Court because an assembly legislature, city council, governor, or mayor has decided to put themselves outside the constitutional system of 1988 by promulgating a law or decree that is constitutionally incoherent.
In RS, a recent state law was promulgated that discriminates against citizens who are part of the MST. This led to the filing of ADI 7690. It is not the competence of a state member to legislate on penal matters. Note that property rights and their protection are matters of Civil Law. And the exclusive competence to legislate on these matters is granted exclusively to the Union (art. 22, I, of the CF/88).
It is evident, on the other hand, that Rio Grande do Sul cannot and should not establish distinctions between Brazilian citizens living in its territory due to political convictions considered inadequate by the legislator. This violates the provision of art. 5º, caput, of the CF/88.
As the right to a social benefit is a good, in theory, the citizen cannot be deprived of it without due process (art. 5º, LIV, of the CF/88). The fact that the state law 16.139/2024 ensures this through an administrative process (art. 1º, paragraph 1) is irrelevant. The state member does not have competence to suppress through an administrative process a right granted to the citizen by federal law. This could only be done by the Union or, eventually, by the Judiciary.
This is not the first time that the proto-fascist government of RS has tried to impose in its territory a system of power disconnected from that established by the Constitutional Citizen. RS has been a frequent client of the STF. And this frequency at least touches on passive predatory litigation. However, it is unlikely that the Supreme Court will be able to repress this phenomenon. The most likely scenario is that the governors, mayors, and legislators of the extreme right who have adopted neoliberalism will continue to commit abuses and go unpunished.
Brazil is a federal republic “formed by the indissoluble union of the States and Municipalities and the Federal District” (art. 1º, of the CF/88), but as we have seen in the case of ADI 7690, RS behaves as if it could provoke a rupture of this bond. Therefore, the rapporteur of the process could order the administration of the Tribunal to certify in the files all the decisions of unconstitutionality that, in the last 4 years, have been decreed by the STF in processes involving state laws and administrative acts of Rio Grande do Sul.
And would measures be taken against the legislators who shamelessly approved and promulgated state law 16.139/2024? This is another rhetorical question. Just as it does not repress passive predatory litigation by governors, mayors, and legislators, the STF will certainly not dare to use its constitutional prerogatives to put an end to the secessionist farce.
Long live the farce of neoliberal jurisprudence empowered by AI. Who can do the least (foster passive predatory litigation) can certainly do the most (commit the crime of conspiring against the territorial unity of Brazil) without suffering any type of retaliation.
Leonardo Silva, 22/11/1964, lawyer since 1990. Enemy of fascism and religious fundamentalism. Defender of lost causes. Inexhaustible student of everything that makes us truly human.
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