Speaker: Mariana Almeida Kato, School of Law
Like many other public authorities, Constitutional courts are not invisible on social media. The Brazilian Supreme Court is a pioneer in embracing new technologies to promote its work, including creating its own YouTube channel in 2000, followed by a Twitter/X, Facebook, Instagram, and TikTok accounts. Other Constitutional Courts in this region have also embraced this trend, primarily using Twitter/X. In 2009, in a press release announcing its Twitter account, the Brazilian Supreme Court stated that the use of social media as a communication tool was an irreversible trend, and its purpose was to provide greater transparency to the Court's activities.
There is little discussion about the fact that this type of communication can effectively help to unveil part of the secrecy of these courts and enhance access to information about their activities. However, this type of communication can also be used as a strategic tool to enhance legitimacy and public acceptance of the Courts' decisions. Therefore, the presence of these courts on social media is not just about communication, but also about control, persuasion, and legitimation. Moreover, some debate should exit about how appropriate it is, for these Courts, to use accounts on social media platforms which are controversially managed by private and unaccountable actors.
This paper aims to explore these topics in order to understand the potential benefits and limitations of the rising usage of social media by these Courts, and how it has contributed to shaping their identity. Through a comparative analysis based on South American Constitutional Courts, the purpose is to discuss how social media is currently being employed, the potential hazards associated with this trend, and the outcomes that have already been observed.