We need to reconsider the very foundations of philanthropy. That is the challenge of Rob Reich, in his book Just Giving: Why Philanthropy Is Failing Democracy and How It Can Do Better, which explores the relationship between philanthropy and the fight against social inequalities.

Reich proposes that philanthropy should cease to be thought of merely in terms of the individual moral motivations for giving and, instead, be designed and studied from the perspective of its public ethical duty to the world. This shift in perspective is not just an academic exercise; it’s a necessary recalibration in our fight against deep-rooted social inequalities.

This is because focusing on individual motivations for giving tends to paint an overly positive picture of philanthropic activities, which, as the author shows, does not always hold true in reality. There are scenarios in which philanthropy can contribute to increasing inequalities, consolidating a plutocratic and asymmetric exercise of power by elite figures who run projects and foundations that are often unresponsive, lacking transparency, and closed to democratic dialogue with civil society.

A model for reviving democracy through philanthropy

In recent years, the global political landscape has been marked by the rise of far-right conservative movements, often linked to popular dissatisfaction with political elites and the perceived lack of effective responses to growing economic and social inequalities. The examples are numerous, especially when considering the global political scene in the 21st century, with political polarization and widespread attacks on civil rights. Understanding our place in this context, and considering family philanthropic intervention as a tool to defend the Rule of Law and its guarantees, we present the case of Marcio Thomaz Bastos and his family legacy, managed in collaboration with the Instituto Phi.

This legacy is built with a focus on the public ethics of philanthropy and an idea of transgenerational social justice, which has aimed to become a tool for strengthening democracy and the rule of law in Brazil, as well as facilitating and expanding concrete access to the guarantees and rights formally provided for in the Brazilian constitution.

This endeavour builds on the continuous actions of Marcio Thomaz Bastos throughout his career. In 2024, it’s been 10 years since his passing, yet many of the causes he championed remain crucial to the construction of a more democratic, just, and equitable nation. His leadership during the drafting of Brazil’s constitution as president of the Brazilian Bar Association (OAB), his role as Minister of Justice in the establishment of the National Justice Council, the passage of the Disarmament Statute, and the demarcation of key indigenous lands are examples of how Thomaz Bastos consistently demonstrated an ethical commitment to building a democracy that serves its citizens and ensures the actual realization of socioeconomic rights and guarantees.

Following in Marcio’s footsteps, since 2022, the MTB Legacy has supported 21 social projects from 14 different organizations, distributing R$ 1,300,802.45 across five Brazilian regions: São Paulo, Rio de Janeiro, Minas Gerais, Pernambuco, and Maranhão. During this time, 1,250 kilograms of food were distributed to low-income families; 49 students were trained on judicial errors and flaws in the Brazilian legal system; at least three people wrongfully convicted had their cases reviewed and were released; and there were at least 285 mentions of supported projects in the media.

Through initiatives founded by Bastos, such as the Instituto de Defesa do Direito de Defesa (IDDD), which continues to be supported by his family and Instituto Phi, he worked to ensure that all citizens, regardless of social class, had access to fair legal defense and impartial trials – essential pillars of any democracy. His work also sought to create rights defense mechanisms that were inclusive and representative of the country’s diversity, promoting social justice that goes beyond legal formalities.

In a time of democratic backsliding around the world, Bastos’ efforts and his commitment to the rule of law provide a model of how philanthropy can be used not only to alleviate the symptoms of injustice but also to address its structural causes, thereby strengthening the foundations of democracy and equity. This is a vision of philanthropy aimed at creating and maintaining strong systems that ensure democratic progress and the protection of fundamental rights for the future.

The legacy of Marcio Thomaz Bastos remains deeply relevant today, especially considering the current challenges to democracy and human rights. As political movements threaten democracy, Bastos’ initiatives remind us that strengthening democratic institutions and protecting civil rights are essential to building just and equal societies. Ten years after his passing, the flame that Thomaz Bastos ignited to safeguard democracy and access to rights continues to burn, serving as a source of inspiration for both the philanthropic sector and broader civil society.

Marcello Stella is doing a PhD in Sociology at the University of São Paulo (USP) and Social projects Coordinator at Instituto Phi. Vivian de Almeida is studying a Master’s in Sociology at the Federal University of Rio de Janeiro (UFRJ) and Social Projects Analyst at Instituto Phi.