Brazil’s Supreme Court Substantially Restricts ‘Friend of โthe Court’ Filings, โคLowest Admission โRate in a Decade
BRASรLIA – Brazil’s Supreme Federal Court (STF) is โtightening restrictions on the acceptance of amicus โคcuriae briefs – submissionsโ from outside parties offering expertise in ongoing cases – with admission โฃrates reaching their lowest point in the last decade. โคThe shift signals a move by the โคcourt to prioritize “qualified dialog” and filter out submissions perceived as partisan advocacy disguised as technical analysis,according to recent observations and statementsโ from justices.
The trend comes โขamidst a rise in concentrated control actions before the STF, making the court’s decision to limit amicus curiae participation notably noteworthy. justicesโฃ Gilmar Mendes and โฃLuiz Fux have publicly indicated aโฃ desire to return the institute to it’s original purpose, rejectingโ the practice of amicus partis – โขbriefs clearly aligned with one of the litigating parties.
“The essential thingโฆis that this participation expands the contradiction and โdemocratically โlegitimizes precedents,avoiding โฃselectivity โand imbalance โคbetween the groups represented,” argues manoela Virmondโ Munhoz,as reported in a recent review of the practice. Munhoz advocates โfor a system that demands opennessโฃ and representativeness from amici curiae, acceptingโฃ positions even if aligned with a party,โ so long as interests are revealedโข andโข arguments โคare substantive.
This stricter approach is supported by academic analysis, including work by Dรฉbora Costa Ferreira and Paulo Gustavo โคGonet Branco, who have examined the role of amicus curiae in the STF. Their research, alongside that of Adhemar โFerreira Maciel, suggests the court isn’t rejecting socialโฃ dialogue entirely, but rather seeking to ensure contributions are genuinely technical, โpluralistic, and relevant to the constitutional process.
The court’s evolving stance reflects a “maturation of a model โคthat seeks to preserve its credibility,” filteringโ rhetoric to value meaningful contributions.According to Ferreira’s 2020 analysis, the STF is moving โขawayโ from simply accepting participation for โฃits โคown sake, and towards a more discerning evaluation of submitted briefs.
References:
FERREIRA, โDรฉbora Costa. Selective friendship: strategic analysis of the role of the amicus curiae in the Federal Supreme Court. Contemporary legal Theory Magazine, Rio de Janeiro, โv. 5, no. 2, p. 49-72, 2020.
FERREIRA, Dรฉboraโ Costa; BRANCO, Paulo gustavo Gonet. Amicus curiae in numbers. Neither a friend ofโ the court nor a friendโ of the party? Brazilian Law Magazine, v. 16, n.โค 7,p. 169-185,โค 2017.
MACIEL, Adhemar Ferreira. Amicus curiae: a democratic institute. Legislative Details Magazine, โขv. 38, โฃn. 153, p. 7-10, 2002.
MUNHOZ, Manoela Virmond. Overcoming the myth of the โneutrality of the amicusโข curiae โฃin Brazilian law: reflections fromโค North American law. Civil Procedure Review, v.15, โn. 1, p. 119-142, 2024.
