The Trump management is reshaping the roles of the U.S. legal profession and the civil service to use them as a tool to support the President’s political interests. This impacts an understudied and politically meaningful group of bureaucrats: goverment lawyers. According to a former Department of Justice lawyer, who became a whistleblower in June 2025, they are being instructed to lie in court and ignore judicial orders. Government lawyers play a critical gatekeeper role in establishing legal principles that can both enable and hinder the systematic weakening of democratic institutions. It is therefore worth taking a look at institutional arrangements that can determine whether they tilt in one direction or the other. The case of Brazil has a lot of critically important lessons to offer: it shows that while traditional legal protections offered by bureaucratic organizations might potentially be effective in preventing government lawyers from being co-opted by political leaders who follow the fast track to autocracy, these protections will not be as effective in preventing the steady and silent erosion of democratic institutions.

Government lawyers under Bolsonaro

The developments around government lawyers currently taking place in the U.S. find a historical parallel in Brazil; an example that can provide useful insights for thinking about institutional guardrails for the Executive Branch.Although U.S. scholars, such as Scott Cummings, have studied how government lawyers stood up to Trump’s effort to overturn the 2020 election results, little is known about how the Bolsonaro administration tried to use government lawyers as a tool to create an illusion of legality to erode Brazil’s democracy and, ultimately, attempt a coup to remain in power after a 2022 election defeat.

Bolsonaro’s autocratic aims became evident within the first months of his presidency. In 2020, his administration proposed a constitutional amendment aimed at ending civil service tenure protections in Brazil. This proposal, though, did not garner enough support to pass in Congress. Given his lack of majoritarian support from the Legislative Branch,Bolsonaro – among other things – attempted to capture government lawyers working within the Executive.

at the federal level in Brazil, government lawyers are overseen by the Federal Attorney General, who is appointed at the President’s discretion. He or she leads the Federal Attorney General’s Office (AG

The Brazilian AGU During Bolsonaro’s Administration: A Janus-Faced Role

During Jair Bolsonaro’s presidency (2019-2022), the Brazilian Attorney General’s Office (AGU) played a complex and often contradictory role. On one hand, it actively defended the Executive Branch’s actions, even those that lacked legal justification, contributing to the apparent legality of perhaps authoritarian measures. on the other, it served as a crucial barrier against Bolsonaro’s attempts to undermine democratic institutions, particularly his efforts to overturn the 2022 election results.

One example of the AGU’s questionable defense of Executive actions involved the deregulation of environmental policies. The office provided legal arguments to justify the deregulation rules.

Regarding the second case, research carried out by Eloísa Almeida and Luiza Ferraro found that the AGU contributed to the apparent legality of authoritarian acts, as indicated by an analysis of 290 Supreme Court cases involving judicial review of rules issued by the Executive Branch during the Bolsonaro administration. Although the AGU does not have the duty to defend the lawfulness of the regulations challenged before the Supreme Court, the Attorney General carried out not only a broad defense of all Executive Branch orders but also a very personal defense of the President. For example, the AGU supported Bolsonaro’s policies on the COVID-19 pandemic and argued in favor of distributing hydroxychloroquine to users of the National Health System who were infected by the than-new coronavirus, despite the lack of scientific evidence proving the medicine’s effectiveness.

Conversely, the AGU was a significant barrier to Bolsonaro’s autocratic project when he sought to follow the fast-track way to autocratization through a military coup to overturn the 2022 election results. One of Bolsonaro’s closest aides texted the Attorney General asking for his opinion on a heterodox and minority interpretation of the Brazilian Constitution,which claims that the President can unilaterally call the Armed Forces to intervene politically to resolve conflicts between the branches of the Brazilian government. The Attorney General replied that this issue should not be discussed, as it was a misreading of the Brazilian Constitution. He added that, as Attorney general, his role was to persuade the President to respect the boundaries set by the Constitution.In testimony before the Brazilian Supreme Court, the Attorney General also confirmed that the President consulted him about potential legal arguments that could be used to overturn the 2022 election. Still, the AGU’s head told Bolsonaro that there was no argument to be made, as the election process was entirely lawful.

The AGU’s role during Bolsonaro’s administration highlights that institutional features protecting the Attorney general’s autonomy were key in safeguarding his ability to oppose the President’s coup plot, affirming his role as constitutional guardian within the Executive Branch. The tenured protection granted by Brazilian laws ensured that the Attorney General would remain an AGU lawyer, even if Bolsonaro fired him from the Attorney General position. Additionally, many government lawyers hired during previous presidential administrations were still working as tenured AGU lawyers and could form an internal resistance against legal advice favoring an unreasonable election overturn.

The nearly 8,000 government lawyers employed by the AGU form a powerful group of civil servants who are required to be lic

Strengthening Democratic Resilience: The Role of public Sector Values and Legal Reform

In an era marked by increasing concerns about democratic erosion globally, bolstering the foundations of democratic governance is paramount. One promising avenue for achieving this lies in strategically leveraging the inherent authority and capabilities within existing bureaucratic structures. The New Public Service (NWS) framework offers a valuable approach to fortifying these institutions against autocratic tendencies and reinforcing democratic principles.

The NWS Framework: A Foundation for Democratic Governance

The NWS framework emphasizes the crucial role of the public sector not merely as an implementer of policy, but as a proactive guardian of democratic values and the rule of law. It champions a strong public service ethos, prioritizing ethical conduct and responsiveness to citizen needs. This focus is particularly relevant in contexts where democratic institutions are under pressure, as a robust and value-driven bureaucracy can serve as a critical check on potential abuses of power. Recent data from Freedom House indicates a global decline in democratic freedoms for the 17th consecutive year, highlighting the urgency of proactive measures to safeguard democratic institutions.

Reimagining Legal Training for Enhanced Bureaucratic Capacity

For legal professionals within government, particularly those representing the state, integrating a broader understanding of democratic principles into their training is essential. Currently, legal education for government lawyers often concentrates heavily on technical legal skills. A more holistic approach would incorporate interdisciplinary perspectives from the social sciences – political science,sociology,and ethics – to cultivate a more nuanced understanding of the political and social context in which legal decisions are made. This expanded skillset would enhance their ability to navigate complex challenges and contribute to a bureaucracy that is not only legally proficient but also politically astute and ethically grounded. Self-reliant oversight bodies, such as bar associations and internal investigative divisions, are vital in upholding these standards and addressing any instances of misconduct.

Balancing Accountability and Institutional Strength

While strengthening bureaucratic capacity is crucial, it must be carefully balanced with the need for accountability and openness. An overemphasis on bureaucratic power, without corresponding mechanisms for oversight and public engagement, risks creating an isolated technocracy – a system potentially unresponsive to the needs of the citizenry and prone to opaque decision-making.Therefore, any reforms aimed at enhancing bureaucratic resilience must prioritize transparency, responsiveness, and robust accountability mechanisms.

Future Directions and Collaborative Dialog

Further research is needed to fully assess the applicability of the NWS framework in diverse contexts and to understand how government lawyers can effectively address autocratic legal challenges in democracies experiencing backsliding. Facilitating open dialogue between proponents of the NWS framework and legal scholars is essential for identifying best practices and developing innovative legal reforms. such collaboration can foster a shared understanding of the challenges and opportunities involved in building a bureaucracy that actively defends democratic values and safeguards the rule of law.
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The Crucial Role of the Legal Profession in Executive Branch Operations

The intricate machinery of government relies heavily on legal expertise to function effectively and ethically. Within the Executive Branch, legal professionals are indispensable, steering policy, ensuring compliance, and upholding the rule of law.Their contributions are foundational to the accomplished execution of governmental duties, impacting everything from national security to public welfare. Understanding the multifaceted involvement of lawyers in executive roles offers a unique viewpoint on governance and the application of legal principles in public service.

Understanding the executive Branch and Its Legal Needs

The Executive Branch of government is responsible for implementing and enforcing the laws written by that branchS legislative body. It is headed by the head of state or head of government, often a president or prime minister, and includes all departments and agencies that perform the functions of government. This vast apparatus requires constant legal guidance to navigate complex statutes,regulations,and international agreements. Legal professionals within this branch act as advisors, litigators, negotiators, and compliance officers, ensuring that all actions taken align with legal parameters and public interest.

Key Areas of Legal involvement in the executive Branch

• Policy Progress and Analysis: Legal experts meticulously review proposed policies, legislation, and executive orders for legality, potential impact, and adherence to constitutional principles.
• Regulatory Compliance: They ensure that government agencies and operations comply with all applicable federal, state, and local laws and regulations.
• Contract Negotiation and Review: Lawyers are essential in drafting, reviewing, and negotiating contracts with private entities and international bodies.
• Litigation and Dispute Resolution: They represent the executive branch in legal disputes, administrative hearings, and court proceedings.
• International Law and treaties: Legal advisors play a critical role in interpreting and implementing international treaties and ensuring compliance with international legal obligations.
• Advisory Roles: Providing legal counsel to elected officials, agency heads, and other senior staff on a wide range of legal matters.

Career Pathways for Legal Professionals in Executive Roles

The spectrum of opportunities for legal professionals within the Executive Branch is broad, catering to diverse interests and specializations. From entry-level positions to senior advisory roles, these careers demand a deep understanding of law, public policy, and the intricacies of governmental operations. Many legal professionals leverage their academic backgrounds to enter public service, contributing their skills to the broader societal good.

Common Positions and Responsibilities

Within various departments and agencies of the Executive Branch, legal professionals hold numerous vital roles. These positions frequently enough require specialized knowledge in areas such as administrative law, constitutional law, contract law, criminal law, and international law.

The pursuit of a legal