The judge from the Portuguese Constitutional Court Maria Benedita Urbano warned that constitutional courts "are under attack" given the rise of populism and authoritarianism in democratic societies. During the 29th Public Law Teachers Meeting, held in Macau, the magistrate stated that the Constitutional Court is targeted by those who want to dismantle the democratic Rule of Law, since this institution defends fundamental rights and guarantees the system of checks and balances between the branches of power.
Urbano argued that the Covid-19 pandemic "was the perfect storm," as it led to the imposition of restrictions on fundamental freedoms, something that accelerated populist trends. The judge warned of several methods that can be used to reduce the role of the Constitutional Court, including financial strangulation, limiting jurisprudence, and replacing judges. As an example, she referred to the public campaign to delegitimize Brazil's Supreme Federal Court, where former President Jair Bolsonaro attempted to appoint judges favorable to his cause.
The magistrate emphasized that, although the situation is not as serious in Portugal, in 2022 jurists appealed for the end or reduction of the number of judges appointed by the other members of the Constitutional Court. Urbano warned that the proposal to eliminate co-optation and have the President of the Republic appoint the three judges "should be avoided," as it could lead to the appointment of judges loyal to the political power of the moment and favor control of the judicial power by the executive.
To prevent progressive delegitimization, Urbano argued that the Constitutional Court must maintain full respect for the separation of powers and preserve its image as an independent and impartial court. This intervention comes after the Chega party accused the Constitutional Court of "political activism" and being "a force blocking the will of the legislator," after the court declared a decree on loss of nationality unconstitutional.
