In Brazil, judges are gods. Nothing stops them from doing anything except other judges from a higher court. Supreme court is capable of "creatively" interpreting the constitution in a way opposite to what's literally written.

They frequently legislate too despite not being elected representatives. For example, there is a racism law but not a homophobia law, but the supreme court simply declared that homophobia equals racism, and now you can be jailed for like 10 years without bail for homophobic statements.

It's getting to the point that judges are creating parallel sets of laws. They have "guidelines" for themselves which they follow in cases involving gender violence for example. It goes far beyond lowering the standards of proof when women are the accusers. Recently, they independently came up with the concept of "procedural violence" against women. Imagine a scenario where a woman falsely accuses a man of domestic violence and the man proves his own innocence. Now the man can't sue her for the wrongful accusation because suing her is now "procedural violence" against women.

Don't try to apply too much logic here. The judges can do whatever they want for any reason they want. It's not risky at all for the courts.