The Rule of Law: A Perspective on Global Challenges from Brazil

Francisco Petros¹

In the contemporary world, the Rule of Law (ROL) faces unprecedented challenges. The modern constitutional framework, designed to safeguard individual rights and maintain the balance of power (check and balances), must now adapt to issues ranging from technological advancements to the rise of fundamentalism, climate change, and increasing global migration. These shifts are not only threatening social justice but also shaking the foundations of Western democracy and the legal systems that uphold it, including in countries like Brazil.

At its core, the Rule of Law emphasizes equality before the law, the protection of fundamental rights, and the assurance of legal predictability. However, recent global trends expose its vulnerability. According to the legal scholar Ronald Dworkin, a society governed by the Rule of Law must provide both procedural and substantive justice. Yet, the growing inequality across societies calls this into question. Without justice that reflects the socio-economic realities of the present day, the Rule of Law becomes a hollow promise. In Brazil, social justice, which once played a key role in shaping legal doctrines, now faces immense pressure from deepening inequality, corruption, and the global rise of populist movements.

The rapid advancements in technology, particularly in artificial intelligence (AI), challenge traditional legal frameworks. Many contemporary constitutionalists, such as Lawrence Lessig and Jack Balkin, argue that the law is struggling to keep up with these changes. AI, with its capacity to predict outcomes, automate processes, and even influence public opinion, represents a significant risk to privacy, fairness, and due process. The Rule of Law demands that laws be clear and predictable; yet, algorithms operating in opaque ways can disrupt this fundamental requirement. In Brazil, the growing use of AI in both the public and private sectors has sparked concerns about transparency and accountability, particularly in relation to policing and surveillance technologies. The automation of decision-making risks dehumanizing justice and creating biases that undermine fairness, a key pillar of modern constitutionalism.

Legal systems must evolve to regulate these technologies effectively. Ensuring accountability in AI systems, enforcing transparency in algorithmic decision-making, and promoting human oversight are essential to maintaining the legitimacy of the Rule of Law in an AI-driven world. If not addressed adequately, these challenges may erode public trust in legal institutions. In Brazil, this erosion of trust is evident in the widespread skepticism toward public institutions, exacerbated by scandals involving the misuse of digital tools for political manipulation.

Climate change presents another existential threat to the Rule of Law. As the global community grapples with rising temperatures, extreme weather, and displacement of communities, the law faces pressure to address environmental justice. Constitutionalists like David Boyd and James Thornton have argued that environmental rights must become central to constitutional frameworks to secure the future of human rights. Climate[1]induced migration further stresses legal systems, as traditional notions of sovereignty, borders, and refugee protection become inadequate.

In Brazil, the deforestation of the Amazon has become a global concern, with implications not only for climate change but also for the Rule of Law. Illegal deforestation, land grabbing, and environmental crime have exposed the fragility of legal enforcement, as powerful interests often operate with impunity. The failure to protect the Amazon undermines both national and international legal frameworks aimed at preserving the environment, contributing to a broader weakening of the Rule of Law. Inaction in the face of climate catastrophe may foster resentment against the legal system, which is seen as failing to protect both the environment and human life. Thus, the constitutional framework must evolve to prioritize sustainability and enforce obligations on states and corporations to mitigate climate risks.

The digital age has revolutionized how we handle personal data, but it has also raised significant concerns about privacy. The European Union’s General Data Protection Regulation (GDPR) is one response to this challenge, placing stricter requirements on data controllers and processors. However, even the most advanced legal systems are struggling to contain the vast and often illegal trade of personal data across borders. Legal theorists like Shoshana Zuboff have highlighted the rise of “surveillance capitalism,” where personal data becomes a commodity, posing serious threats to individual autonomy and privacy rights.

In Brazil, the enactment of the General Data Protection Law (LGPD) marks an important step in addressing privacy concerns, aligning the country with global standards. However, enforcement remains a challenge, as both government and private entities continue to exploit gaps in data protection. The proliferation of data breaches and the unauthorized use of personal information for political and commercial purposes threaten to undermine trust in legal institutions and weaken the Rule of Law.

The increasing number of migrants worldwide, driven by conflict, poverty, and climate change, poses serious challenges to democratic governance and the Rule of Law. Western democracies, founded on principles of equality and human dignity, are witnessing a rise in anti-immigrant sentiment, which undermines these foundational values. Legal frameworks must balance the protection of human rights with national security, but many constitutional systems are failing to do so adequately.

In Brazil, while immigration is less politicized than in many Western democracies, the country has seen a rise in refugees, particularly from Venezuela, country submitted to an “iron fist” regime. The legal framework has, in many cases, struggled to integrate these populations, leading to concerns about the fair and humane treatment of refugees.

Moreover, Brazil’s own socio-political instability has heightened the risk of democratic erosion, with populist rhetoric sometimes casting migrants and marginalized groups as scapegoats. Furthermore, the rise of authoritarian populism, often justified by antimigrant rhetoric, threatens the very essence of democracy.

Constitutionalists like Tom Ginsburg and Aziz Huq have warned that the erosion of democratic norms, the undermining of judicial independence, and the curtailing of civil liberties are all signs of democratic backsliding, which directly threatens the Rule of Law.

In Brazil, this backsliding has manifested in various forms, including attempts to undermine the judiciary and challenges to the independence of electoral processes. Legal systems must be fortified to resist these pressures, ensuring that fundamental rights are not sacrificed in the name of security or populist agendas.

Religious fundamentalism, both within and outside Western democracies, poses another grave challenge. As constitutional theorist Ran Hirschl points out, the rise of religious conservatism in many parts of the world threatens the secular foundation of modern constitutionalism. Where the separation of church and state is weakened, the Rule of Law is at risk of becoming subordinated to religious dogma. This is particularly dangerous in multi-religious societies, where legal systems must balance diverse religious practices while maintaining neutrality.

In Brazil, the growing influence of religious fundamentalism in politics has raised concerns about the erosion of secularism. The increasing political power of evangelical groups, for instance, has influenced legislative agendas on issues such as gender equality, LGBTQ+ rights, and reproductive freedoms. To safeguard the Rule of Law, Brazil’s constitutional framework must reinforce secularism and protect the rights of religious minorities. At the same time, it should foster dialogue that respects religious freedoms within the bounds of democratic and legal norms.

In the corporate world, the challenges to the Rule of Law are reflected in growing concerns over unethical business practices and failures to embrace diversity. Global corporations wield immense power over economies, often operating across jurisdictions that lack effective legal oversight. As legal scholar John Ruggie argued with his “Guiding Principles on Business and Human Rights,” companies must be held accountable for their impact on human rights and the environment. Legal systems should enforce stricter corporate governance to ensure businesses do not exploit legal loopholes or undermine labor rights.

In Brazil, corporate corruption, exemplified by scandals such as Operation Car Wash (“Lava Jato”), has further weakened public trust in legal institutions. Moreover, diversity in the workplace, both in terms of race and gender, must be legally protected and promoted. Inclusive legal frameworks ensure that marginalized groups have equal access to opportunities and justice, further reinforcing the Rule of Law.

In conclusion, the challenges facing the Rule of Law in the modern age are profound. Constitutional frameworks must adapt to the rapid pace of technological change, the growing threats posed by climate change, the pressures of migration, and the rise of authoritarianism and fundamentalism. In Brazil, as in many other countries, these pressures are especially pronounced. As contemporary constitutionalists emphasize, legal systems must evolve to safeguard justice, human dignity, and equality in this complex global landscape. The future of the Rule of Law depends on the ability of societies to build resilient legal systems that are responsive to these emerging challenges while remaining grounded in the core principles of fairness, transparency, and accountability.

1 Francisco Petros is a Brazilian Lawyer. He holds a degree in economics and an MBA in finance. He has been a board member of BRF, and BR and currently serves at corporate governance of Petrobras and Mapfre (Brazil). He is Managing Partner of Law Firm Fernandes, Figueiredo, Françoso e Petros Advogados.