The checks and balances system originates from the Montesquieu lessons. It concerns the division of the powers of the republic, in such a way that there is no prevalence among them.
In this way, the legislative branch analyzes the executive branch’s budget, just as the Senate approves or disapproves names for the higher courts appointed by the executive.
Appointments to higher courts have always been political, not necessarily the best and most qualified appointed jurists.
The Brazilian Constitution determines that to occupy the position of minister of the Supreme Court, the candidate appointed by the President of the Republic must be between 35 and under 65 years old, of remarkable legal knowledge and unblemished reputation.
In this way, the more the nominees demonstrated that they did not have knowledge to justify the nomination, the more the policy, the more it corrupted the system.
The fact is that the post of Supreme Court minister is moving in the direction of becoming an attachment to the executive branch.
To be minister of the Brazilian Supreme Court today it is necessary that the interested party has strong and committed connections with political groups.
In office, these groups will act as an influencing factor in the decisions of the judge they supported.
Thus, the judge no longer acts as independence. This is more serious in Brazil, as there are provisional, monocratic decisions that can affect the entire country. For example, they may render a federal or local law ineffective, as well as an executive act.
Another very bad situation for Brazil is the low level of demand to work at the Brazilian House of Representatives. To be a candidate, it is enough to be over 21 years old and to be born or naturalized Brazilian.
That is, it is very little. It does not require educational background or knowledge of law.
Knowledge of constitutional law should be an eliminatory requirement, as well as tests to qualify for candidacy.
But there are no requirements. Therefore, it is enough to be a celebrity, to have a lot of money or influence in large groups of voters, as in churches, for example, to be elected.
Brazil is heading towards a point of no return, with corruption through politics both from its high judicial courts and from its legislative structure.
