As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
But the unpredictable behavior of Brazilian voters can also lead to more baffling outcomes. In 1959, for example, Cacareco, a placid, middle-aged rhinoceros at the São Paulo zoo, was voted onto the city council, having won over 100,000 votes—and this is only the most famous case in Brazil’s long history of “protest votes.” Cacerco has been succeeded by other non-existent candidates, along with candidates from outside the sphere of professional politics, such as soccer players, fashion designers, Lilia M. Schwarcz in the New York Review of Books, writing on Brazilian democracystars, brash pop singers, faded ex-models, and various C-list celebrities with zero knowledge or experience of political life. – BACK TO TOP