Supreme Court Justice Flávio Dino will not participate in person in the 14th edition of the Lisbon Forum, one of the main legal meetings in the Portuguese-speaking world, held between June 1st and 3rd at the Faculty of Law of the University of Lisbon (FDUL), in Portugal. This information comes from the portal [website name missing]. g1The absence comes after the judge suffered a domestic accident that resulted in a fracture and ligament rupture in his foot.
According to the minister's press office, despite the injury, Dino is doing well and remains in recovery in São Luís, Maranhão, his hometown. Following medical advice, he was not authorized to make the international trip, which would have required a long-haul flight to the Portuguese capital.
Even though he was unable to attend the event, the minister decided to send the organizers an article outlining the reflections he would have presented during his participation in the forum. The text was published by the Jota website and compiles the main ideas that would have been debated in a panel dedicated to the theme of contemporary constitutionalism.
Accident prevents trip.
According to Flávio Dino's team, the medical recommendation was decisive in canceling the trip. The minister remains at rest while recovering from the injury sustained in the domestic accident.
In his original schedule, Dino was to participate in the panel "Transformative Constitutionalism," coordinated by the dean of the Supreme Federal Court, Minister Gilmar Mendes, one of the creators of the traditional meeting held annually in Lisbon.
His physical absence, however, did not prevent his contributions from being incorporated into the debate. In the document sent to the organizers, the minister presented a summary of his vision on the role of the 1988 Constitution and Brazilian institutions in promoting social change.
The four theses for a transformative constitutionalism
Under the title "Four theses for a transformative constitutionalism in Brazil," the article defends an interpretation of the Constitution that goes beyond the traditional function of limiting state power and begins to see it as an instrument for the realization of rights and social transformation.
The first thesis presented by Dino addresses the duties of the State. According to the minister, the Brazilian Constitution imposes concrete obligations on public authorities and occupies a central position in the construction of policies aimed at reducing inequalities and guaranteeing fundamental rights.
According to the judge, Brazilian constitutional jurisdiction gained strength precisely because it was linked to a Charter that established clear objectives of social development and inclusion.
Judiciary and structural measures
The second axis of the text deals with the use of structural measures by the Judiciary. Dino argues that, in certain situations, courts need to adopt mechanisms capable of addressing historical and institutional problems that hinder the realization of rights enshrined in the Constitution.
As examples, he mentions processes under his supervision related to the transparency of parliamentary amendments, including discussions about the so-called secret budget and PIX amendments, as well as actions aimed at environmental protection of strategic biomes such as the Amazon and the Pantanal.
According to the minister, these initiatives represent ways to overcome institutional obstacles and ensure greater effectiveness of constitutional norms.
Democracy under protection
In his third thesis, Dino argues that the Supreme Federal Court should act as a protective mechanism against threats to democracy and fundamental rights.
In his view, the Court has a responsibility to act as an institutional barrier against potential setbacks promoted by political majorities or circumstances that jeopardize constitutional guarantees.
The minister argues that this role does not represent undue interference in the other branches of government, but rather a function inherent to the Brazilian constitutional system.
Regulation of digital platforms
The fourth and final thesis presented by Dino focuses on the advancement of technological power and the influence of digital platforms on contemporary society.
In the text, he argues that technology companies, social networks, and algorithmic systems cannot operate outside the bounds of constitutional principles. According to the minister, it is necessary for these structures to be subject to the limits imposed by the Constitution, especially on issues related to combating disinformation and hate speech.
The discussion is taking place at a time when the debate about the responsibility of digital platforms and the regulatory mechanisms for Big Tech companies is growing in Brazil and other countries.
Message for the future
In concluding the article, Flávio Dino reinforces the idea that transformative constitutionalism should serve as a reference for the construction of public policies aimed at reducing inequalities and expanding access to rights.
The minister also emphasizes that this vision does not presuppose the replacement of the powers of the Executive and Legislative branches by the Judiciary, but rather the coordinated action of the institutions within the limits established by the Constitution.
In closing his message to the Lisbon Forum, Dino expressed his desire to return to the debates in person at the 2027 edition, after his recovery.
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