
最高法院大法官正在向一股他们原本认为已压制、但其影响力正在迅速扩大、可能危及其本身席位的政治力量示好。
Supreme Court justices are making cautious overtures to a political force they thought they had contained, but whose growing power could soon put their own seats on the bench at risk.
弗拉维奥·博尔索纳罗在下周末的决选中有望赢得总统宝座,且若获得足够参议院支持以弹劾最高法院成员,这促使部分大法官与其阵营展开和解,据熟悉相关讨论者称。近期的司法裁决及会晤被解读为向长期视法院为对手的政治运动发出的缓和举措。
The prospect of Flávio Bolsonaro winning the presidency in next weekend’s runoff, along with enough Senate support to impeach top court members, has prompted some justices to seek a rapprochement with his camp, according to people familiar with the discussions. Recent judicial decisions and meetings have been interpreted as conciliatory gestures toward a political movement that has long regarded the tribunal as an adversary.
但大法官并非空手而谈。博尔索纳罗阵营中的几名成员仍面临该院的司法程序,这种尴尬局面使得他们未来的法律命运将取决于那些未来可能被其解职的大法官。
But the justices aren’t approaching those conversations empty-handed. Several members of Bolsonaro’s group still face legal proceedings before the tribunal, creating an uncomfortable dynamic in which their legal fates will lie in the hands of justices they could soon have the power to remove.
博尔索纳罗自意外领先卢拉在首轮选举中后,一直在巩固中间及右翼党派的支持。尽管近期民调显示左翼现任总统正在缩小差距,但博尔索纳罗获胜将使其在任期内有机任命最高法院最多四名大法官,这或将像特朗普任命改变美国最高法院那样,重塑该机构多年。
Bolsonaro has been consolidating support from center and right-wing parties since unexpectedly finishing ahead of President Luiz Inácio Lula da Silva in the first round. Although recent opinion polls show the leftist incumbent narrowing the gap, a Bolsonaro victory would allow him to nominate as many as four Supreme Court justices during his term, potentially reshaping the institution for years to come, much as Donald Trump’s appointments transformed the US Supreme Court.

关键在于,博尔索纳罗的自由党在选举中成为参议院最大党,获得28席,这将为其在任何弹劾最高法院成员的努力中提供先机,因为弹劾需要54票支持。该运动长期与法院在假新闻传播等调查及其盟友卷入的案件上保持对立,最终导致前总统雅尔·博尔索纳罗因策划政变未遂并被判处27年监禁。
Crucially, Bolsonaro’s Liberal Party emerged from the election as the Senate’s largest, with 28 seats that would give it a head start in any effort to assemble the 54 votes needed to impeach a Supreme Court justice. The Bolsonaro movement has long been at odds with the court over investigations into the spread of fake news and other cases that have ensnared its allies, culminating in former President Jair Bolsonaro’s 27-year prison sentence for attempting a coup to remain in power.
新任参议院还将包括那些将罢免最高法院法官列为竞选承诺的立法者。这些人可能会在新国会召开后,使得议长在面对弹劾要求时更难化解,据熟悉事态的人士称。
The new Senate will also include lawmakers who made removing Supreme Court justices a central campaign pledge. That could make it harder for the chamber’s leaders to defuse impeachment demands once the new Congress convenes, according to people familiar with the matter.
在博尔索纳罗总统任期内,很少有法官受损害更大的了,巴西右派长期针对的对象之一是亚历山德罗·德·莫拉斯,他曾在导致雅伊尔·博尔索纳罗入狱的程序中发挥关键作用。莫拉斯还因与埃隆·马斯克就其社交媒体平台Now的对抗而获得国际知名度,但此前,这位司法官本人因与前银行家丹尼尔·沃卡尔的潜在关联而受到审查。这些指控使得博尔索纳罗运动中最显著的反对派之一在其盟友试图在参议院获得更大影响力之际处于异常脆弱的位置。
Few justices stand to lose more under a Bolsonaro presidency than Alexandre de Moraes, a longtime target of the Brazilian right who played a central role in the proceedings that sent Jair Bolsonaro to prison. Moraes also gained international prominence through his confrontation with Elon Musk over his social media platform Now, however, the justice himself is under scrutiny over alleged ties to Daniel Vorcaro, the former banker at the center of a sprawling financial scandal. The allegations have left one of the Bolsonaro movement’s most prominent adversaries in an unusually vulnerable position just as its allies prepare to wield greater influence over the Senate.
法院成员仍认为可以避免弹劾,而一些人将此视为对该机构的最坏情况。熟悉私下讨论的人士指出,普遍认为博尔索纳罗在任期内会变得更为务实。针对法院进行竞选是一回事,而执政时面对拥有对国会、总统及政治盟友影响力的司法体系则是另一回事。
Court members still see room to avert impeachments, which some regard as a worst-case scenario for the institution. One person familiar with private discussions pointed to expectations that Bolsonaro would become more pragmatic in office. Campaigning against the court is one thing, the thinking goes; governing while dealing with a judiciary that wields considerable influence over Congress, the presidency and political allies is another.
博尔索纳罗本人也面临两起最高法院审查,这为他保持与该法院的合作关系提供了另一个理由。其中一案由安德烈·门德萨法官主持,正调查瓦卡尔提供给博尔索纳罗用于制作关于其父亲电影的资金;另一案则由莫拉斯主持,源自联邦警察的洗钱调查,该调查发现博尔索纳罗与一名受审律师之间存在关联,据《圣保罗州报》及熟悉案件人士所述。博尔索纳罗的竞选团队未回应周一关于评论请求的询问。
Bolsonaro himself is also under investigation in two Supreme Court cases, giving him another reason to preserve a working relationship with the tribunal. One, overseen by Justice André Mendonça, is examining funds received from Vorcaro that Bolsonaro says financed a film about his father. The other, assigned to Moraes, stems from a Federal Police money-laundering investigation that identified links between Bolsonaro and a lawyer under scrutiny, according to O Estado de S. Paulo and a person familiar with the case. Bolsonaro’s campaign didn’t respond to a request for comment on Monday.
与此同时,一些法官已采取措施,这些举措在法院内部被视为向博索纳罗阵营示好。
Some justices, meanwhile, have taken steps viewed within the court as gestures toward Bolsonaro’s camp.
莫赖斯放宽了一名因参与2023年巴西利亚政府大楼袭击事件而被判刑的女性的监狱条件,并终止了对被控散布假新闻的博索纳罗盟友的调查。法官吉尔马·门德斯以证据不足为由,最近驳回了一项涉及博索纳罗竞选搭档阿尔弗雷多·加斯帕尔的调查,该调查涉及性犯罪指控。
Moraes eased the prison conditions of a woman sentenced for her role in the same 2023 attacks on government buildings in Brasilia and closed probes into Bolsonaro allies accused of spreading fake news. Justice Gilmar Mendes, citing a lack of evidence, recently dismissed an investigation involving Bolsonaro’s running mate, Alfredo Gaspar, over allegations of sexual crimes.
这些举措可能不足以遏制压力。据知情人士透露,博索纳罗的竞选协调员罗热里奥·马里尼奥本月警告最高法院院长埃德森·法钦,参议院的新构成将使抵御针对莫赖斯的弹劾攻势变得非常困难。
Those moves may not be enough to contain the pressure. Bolsonaro’s campaign coordinator, Rogério Marinho, warned Supreme Court President Edson Fachin this month that the Senate’s new composition will make it very hard to fend off an impeachment push against Moraes, according to people familiar with the matter.

据两名与博索纳罗结盟的参议员称,弹劾已成为如此突出的竞选承诺,以至于即使莫赖斯通过谈判离职,也可能无法让新参议院满意。他们表示,议员们接下来可能会转向卡西奥·努内斯·马克斯,他也因涉嫌与沃尔卡罗有关联而面临质疑。据其中一名参议员称,一些博索纳罗盟友还对这位法官在最高法院和担任巴西选举法院院长期间所采取的立场感到不满。最近的报道还对他与沃尔卡罗的关系提出了质疑,这位法官否认了这些指控。
Impeachment became such a prominent campaign pledge that even a negotiated departure by Moraes may not satisfy the new Senate, according to two Bolsonaro-aligned senators. They said lawmakers could turn next to Kassio Nunes Marques, who is also facing questions over alleged ties to Vorcaro. Some Bolsonaro allies are additionally frustrated with the justice over positions he has taken both on the Supreme Court and as head of Brazil’s electoral court, according to one of the senators. Recent reports have also raised questions about his relationship with Vorcaro, allegations the justice has denied.
更紧迫的是,卢拉仍有机会在12月任期结束前填补最高法院的一个空缺。他此前提名的豪尔赫·梅西亚斯于4月被参议院否决,这对政府来说是一次历史性的失败。据知情人士透露,政府官员和政治领导人目前正在考虑由前参议院议长罗德里戈·帕切科出任该席位。
More immediately, Lula still has a chance to fill a top court vacancy before his term ends in December. His previous nominee, Jorge Messias, was rejected by the Senate in April in a historic defeat for the government. Administration officials and political leaders are now considering former Senate President Rodrigo Pacheco for the seat, according to people familiar with the talks.