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Early in May, a group of U.S. lawmakers about a 鈥渃risis of democracy鈥� in Brazil. I am Brazilian, and I follow Brazilian politics for a living. Their anxiety over the state of democracy in my country is wildly exaggerated. 

Worse, the conversation about Brazil in Washington increasingly reflects the bitter partisan debates in Latin America鈥檚 largest nation.

The recent hearing was not the first time U.S. lawmakers have raised alarms about Brazil in recent months. Earlier, brought similar concerns to the Congressional Tom Lantos Human Rights Commission, complaining that conservatives in Brazil were subject to censorship and politicized investigations led by the Supreme Court.

This has been surprising to watch. 

By many measures, Brazil鈥檚 democracy stands out as one of the strongest in the hemisphere. notably praised Brazil for its robust electoral system, highlighted by its advanced electronic voting technology. Moreover, in 2023, the indices placed Brazil as the 13th most democratic nation in terms of electoral processes in Latin America and the Caribbean.

That said, not all the criticism of Brazil in Washington is entirely without merit. The particularly through investigations that scrutinize political speech, deserves attention.

After all, the court鈥檚 crackdown on so-called disinformation, its investigation into the January 8, 2023 assault on Brazil鈥檚 capital and other alleged attempted coups, and its scrutiny of actions seen as undermining Brazil鈥檚 electoral system warrant attention from Brazilian lawmakers and citizens. Indeed, many Brazilians across the political spectrum are debating whether the court has gone too far in its defense of democracy.

It is worth remembering that, when the inquiry into disinformation networks was opened in 2019, the Supreme Court that raised suspicions about its then-Chief Justice. Justice Alexandre de Moraes called the story a 鈥渢extbook example of fake news鈥� 鈥� although the concept doesn鈥檛 exist in Brazilian law. 

At the time, he ordered the publication to remove the or pay a BRL 100,000 fine for every day it remained online and summoned the reporters to provide depositions. The gag order has since been lifted.

Brazil鈥檚 Supreme Court is potent by design. Following military rule, the endowed the court with broad powers to resolve political disputes and prevent a return to authoritarianism. Unusually active and accessible, the court frequently adjudicates disputes that Congress fails to resolve.

In recent years, the court鈥檚 11 justices have used their authority to shield Brazil鈥檚 democracy from perceived threats from supporters of former President Jair Bolsonaro. To do so, the court relied not only on its broad constitutional mandate, but also on the Law for the Defense of the Democratic Rule of Law, passed in 2021. 

The justices have used that law to justify expansive inquiries into the January 8 chaos in Bras铆lia, when a attacked Brazil鈥檚 Supreme Court, Congress, and the presidential palace in the Three Powers Square, in an attempt to overturn his 2022 loss to his archrival, Luiz In谩cio Lula da Silva.

In the past, the court had alienated Brazilian liberals by investigating corruption linked to the leftist Workers鈥� Party, including during Lula鈥檚 previous terms (2003-2010). But the court鈥檚 response to the excesses of Mr. Bolsonaro鈥檚 presidency and the January 8 crisis boosted its image among many Brazilians, who now saw the court as a bulwark against authoritarianism and a defender of fundamental rights and democratic norms.

The judiciary鈥檚 increasing role in Brazilian political life was unwelcome by Mr. Bolsonaro鈥檚 fans, of course. Their criticism reached a fever pitch last June, when a Brazilian court barred Mr. Bolsonaro from holding public office until 2030 as punishment for his unfounded attacks on Brazil鈥檚 voting system in the run-up to the last election. 

Conservatives also cried foul in February, when police seized Mr. Bolsonaro鈥檚 passport as part of an investigation into an alleged plot to overturn the 2022 election result. But by and large, independent legal experts generally applauded the country鈥檚 justice system.

That has changed in recent months. Judicial actions to curb disinformation and other perceived threats to democracy have discomfited many of the court鈥檚 admirers. Elon Musk鈥檚 very public feud with the court over the suspension of social media accounts of prominent conservatives provoked a strong defense by Lula of Brazil鈥檚 institutions. 

But many others in Brazil 鈥� and not only on the right 鈥� did not entirely dismiss Musk鈥檚 grievances.

Still, there are three problems with Washington鈥檚 scrutiny of Brazil鈥檚 democracy. 

For one, the fears tend to be overblown. Democratic institutions are eroding in many parts of the region, but Brazil鈥檚 democracy is robust and resilient. Following the horrors of January 8, Brazil has experienced no significant political violence. In fact, Lula and the conservatives who dominate Brazil鈥檚 Congress have actually worked together on important projects, including a

A second problem is the increasingly partisan tone of the debate over Brazil in Washington. Brazil has historically enjoyed bipartisan support in the U.S. Now, Mr. Bolsonaro鈥檚 supporters are exporting Brazil鈥檚 political polarization, building an echo chamber in Washington that amplifies their criticisms of Brazil鈥檚 justice system.

Lastly, there is the awkwardness of throwing stones from glass houses. Given the challenges facing democratic institutions in the U.S., American observers should approach the debate over Brazil鈥檚 judiciary with humility. Undoubtedly, Brazil faces difficult decisions as it attempts to preserve a strong and independent judiciary while evaluating potential adjustments to the role and powers of the Supreme Court. 

As a friend of Brazil and the oldest democracy in the Americas, the U.S. has a unique opportunity to support Brazil in these complicated times. It should do so through bipartisan outreach that seeks to bolster democratic institutions both in Brazil and at home the U.S.

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