Who Guards the Guardians? Democracy, Power, Dependency and Institutional Crisis in Brazil

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Authors

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-09-16
DOI
https://doi.org/10.5281/zenodo.22795660
Primary Topic
Crime, Illicit Activities, and Governance
Type
preprint
Controls
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preprint

Who Guards the Guardians? Democracy, Power, Dependency and Institutional Crisis in Brazil

Hugo dos Santos Silva
Zenodo (CERN European Organization for Nuclear Research)
Crime, Illicit Activities, and Governance
preprint

Who Guards the Guardians? Democracy, Power, Dependency and Institutional Crisis in Brazil

Hugo dos Santos Silva
preprint en

Abstract

This article examines Brazil's institutional architecture through a classic question (who guards the guardians?) and shifts it to a prior one: which historical, democratic, fiscal and social conditions created the need for such powerful guardians? The central argument is that several Brazilian dysfunctions cannot be attributed to a single party, branch or period. They emerge from the interaction of individually justifiable institutions, such as coalitional presidentialism, fiscal federalism, judicialization, oversight bureaucracies and public political finance. The article calls this pattern the Guardian's Paradox: each institutional solution creates a power or a dependency that later requires new oversight. Drawing on bibliographic and documentary research, the study traces the mechanism across four fields (historical legacy, the machinery of government, organized crime and polarization) and examines it through a qualitative comparison of three guardians: the Federal Supreme Court, the Federal Court of Accounts and the Public Prosecutor's Office. All three arose from real problems, expanded their powers in response to failures elsewhere and are restrained mainly by internal or rarely used controls. The article concludes that the answer to the title's question lies not in a higher controller but in an architecture that distributes power, makes it visible and sets an end to exceptional powers. This is the English translation of the Portuguese preprint "Quem guarda os guardiões? Democracia, poder, dependência e crise institucional no Brasil".

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Crime, Illicit Activities, and Governance
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