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.
Globally, Bolsonaro’s imminent ascension to Brazil’s Presidency has appended Brazil to the growing ranks of nations ruled by authoritarian populists who openly espouse bigoted, misogynistic, homophobic, and anti-immigrant views, as well as violence as a means of problem-solving. Bolsonaro, a far-right extremist who has spent years shouting insults from the fringes of Brazil’s politics at women, blacks, gays, and leftists while lauding the use of torture and calling for a restoration of military rule, now represents the new mainstream.BACK TO TOP