The judge at the Portuguese Constitutional Court Maria Benedita Urbano warned this Monday that constitutional courts "are being attacked" given the rise of populism and authoritarianism in democratic societies. During the 29th Meeting of Public Law Professors, held for the first time in Macau, Urbano stated that constitutional courts are targeted by those who want to dismantle the democratic Rule of Law, as they defend fundamental rights, of expression, demonstration, and political participation.
The magistrate considered 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. She warned about various methods that can be used to reduce the role of the CC as guardian of the Constitution, including "financial asphyxiation," limiting jurisprudence, and substitution of judges, citing as an example the campaign to delegitimize Brazil's Supreme Federal Court during Jair Bolsonaro's term.
Urbano emphasized that the situation is not as grave in Portugal, but recalled that in 2022 jurists called for the end or reduction of the number of judges appointed by other members of the CC. Currently, the CC is composed of 13 judges, with ten designated by the Assembly of the Republic and the other three co-opted. The judge argued that this change should be avoided, as it can lead to the appointment of judges loyal to political power and favor control of the judicial power by the executive.
The alert comes after the Chega party accused the CC of "political activism" and disrespect for the separation of powers, after the court declared unconstitutional a decree from parliament that provided for loss of nationality as an accessory sanction. The vice-president of the Chega parliamentary group, Cristina Rodrigues, stated that "the left lost the majority in the Assembly of the Republic, but continues to have the majority in the CC."
