The UCLA School of Law and UCLA Latin American Center exposed
students to a taste of international justice Wednesday by hosting
Brazilian Supreme Court Justice Joaquim Barbosa, who came to speak
about the Brazilian legal system and its similarities and
differences to that of the United States.
Barbosa, a distinguished former prosecutor and government
minister, was appointed to the Brazilian Supreme Court in 2003. His
appointment was historic because he is the first person of African
descent to sit on the Supreme Court.
He was also a visiting scholar at UCLA from 2002 to 2003.
“It is interesting to hear someone’s first-hand
experience as a (man of African descent) in Brazil, which has the
highest populace of African descent after Nigeria,” said
Melissa Sandoval, a law student.
“I took a class on affirmative action in Brazil, so this
is relevant to what I’ve learned,” Sandoval said.
Barbosa compared the legal systems of Brazil and the United
States. He said the Brazilian republic, which was established in
1891, was based heavily on the United States government.
He added that members of the Brazilian Supreme Court, much like
the United States Supreme Court, are appointed by the president and
confirmed by the Brazilian Senate.
But he added that all Brazilian justices face mandatory
retirement at the age of 70, and the position of chief justice is a
two-year term that is decided by other justices, rather than by the
president.
“This system prevents excessive identification of a court
with a chief justice, like in the United States,” he
said.
Addressing the predominately law-oriented audience, Barbosa
discussed high-profile cases the Brazilian Supreme Court has chosen
to take up recently.
In one case, which involved the disparity between government and
private sector pensions, Barbosa said the Brazilian Supreme Court
worked to “breach the layers between the have and
have-nots” by legally mandating a larger pension for the
private sector.
In another case, the Brazilian Supreme Court struck down a law
which prohibited political parties with less than 12 percent
popular support from existing. Barbosa said this ruling allowed all
political backgrounds to have a voice in elections.
Barbosa took questions after his presentation, and discussed
issues such as the power that appointed judges have.
“With 100,000 cases a year filed to us … our decisions
must be strictly motivated by law,” Barbosa said.
Wanda Tene Ramser from the UCLA Chancellor’s Associates
said the university has a long-standing relationship with scholars
from Brazil, noting that the university has a research institute in
Sao Paolo.
She added that Barbosa is well-known for his expertise on race
theory in Brazil.
Some UCLA law students said they were interested to hear a legal
perspective from a high-ranking foreign dignitary.
“I enjoyed hearing the perspective of such a respectable
and revolutionary figure,” law student Rohini Khanna
said.
“It is fascinating to get a sense from what someone in his
position thinks what is working or not working (in today’s
legal system).”