Brazil: Is Democracy Under Threat?

By Marcio Cunha Filho*

A large group of Brazilians wave the Brazilian flag

A rally supporting former president Luiz Inácio Lula da Silva in October 2017. / Eduardo Figueiredo / Midia NINJA / Flickr / Creative Commons

Brazil’s ongoing political turmoil hit a new peak last weekend – resulting in former President Luiz Inácio Lula da Silva’s decision to turn himself in to be imprisoned – and strongly suggests that the country’s democracy is in deeper trouble than previously thought.  Lula said he was a victim of political persecution by both prosecutors and the courts, including the six Supreme Court justices who ruled that he not be allowed the courtesy of remaining free during his appeals to Brazil’s higher courts on his conviction on corruption charges.

  • Lula’s Worker’s Party (PT) claims that the decision is part of a campaign against leftwing forces that has intensified since Dilma Rousseff’s impeachment in August 2016. Supporters say that Lula’s imprisonment at a time that he is leading in presidential polls is the culmination of a strategy aimed at making sure that the PT – the only party to have won the presidency in elections since 2002 – remains out of power.  Most mainstream media and some rightwing lawyers have argued that Lula’s arrest obeyed all legal procedures, but PT supporters are not alone in their allegation of impropriety.  José Afonso da Silva, one of the most prominent non-partisan constitutional law professors in Brazil, has written a legal opinion against Lula’s imprisonment.  Other experts claim that Lula’s imprisonment order was strangely rushed (jurist Celso Antônio Bandeira de Mello), while others have expressly criticized the Supreme Court for denying Lula Habeas Corpus (Prof. José Geraldo da Silva Júnior).
  • While proof remains elusive, strong circumstantial evidence of conspiracy persists. The lawsuit against Lula was tried much more rapidly by Judge Sérgio Moro than most cases, and the guilty verdict was reaffirmed by the regional court just in time to keep Lula out of the presidential election scheduled for October 7.  Moreover, the accusations against Lula are fragile:  Moro argues that the former president received a $1 million remodeled beach apartment as a bribe from a construction company in exchange for political favors, but there is no evidence that the apartment was Lula’s or that he used it in any way.  Neither is there evidence that the construction firm received any favors.

Other indications that Brazil is experiencing an “open season” against the left are emerging.  Civil society leaders have reported repressive practices against them, including violent protests at their public events.

  • The assassination of a Rio de Janeiro municipal legislator is widely thought to have been carried out by rightwing elements. At a recent political rally, unidentified gunmen shot at Lula’s vehicle.  A wealthy São Paulo night club owner is offering a reward for anyone willing to murder Lula in prison.  Radical and angry political movements such as Movimento Brasil Livre are gaining strength by angrily advocating and celebrating through social media the imprisonment of political opponents.  Congressman Jair Bolsonaro, a former military officer who praises the military dictatorship, has become the new frontrunner in the presidential race.
  • Another troubling sign was a tweet from the Armed Forces – issued the day before the Supreme Court’s judgment against Lula – that it will not tolerate impunity. It has been widely interpreted as the most direct threat to the Court since the end of military dictatorship.
  • Freedom of expression and academic freedom are under pressure as well, according to many observers. Local, state, and federal legislators are trying to ban the teaching of gender issues in public schools, claiming gender issues are a leftwing ideology should not be taught to young children.  At the university level, in Rio Grande do Sul a local congressman filed a complaint to the Public Prosecutor’s Office asking that a course entitled “The 2016 Coup d’état” – referring to the removal of Dilma Rousseff and inauguration of President Michel Temer – be disallowed.

Democracies rarely die as a result of the acts by one or even a small group of political leaders, but rather as the outcome of repressive actors’ manipulation of popular confusion and anxiety about the country’s direction.  Lula may not have been perfect – he was not – but he deserved fair treatment by the government and fair enforcement of the law.  Democracies cannot endure when one group or another uses government institutions, even with significant popular support, to impose its views on others, often violently.  We should not forget that, in its early stages, the military coup in Brazil was supported by the media (at least by the biggest TV network in the country, Rede Globo), by civil society institutions (such as the Ordem dos Advogados do Brasil), as well as by much of the political leadership.  Radicalization, inability to dialogue, and unwillingness to make political compromises are the factors that made Brazil descend in 1964 into two decades of repression.  We might now be slipping down this same path, and witnessing the rebirth of institutionalized and popularly-supported repression and intolerance.

April 10, 2018

* Marcio Cunha Filho is a Ph.D. candidate at the University of Brasília; federal auditor in Brazil’s Office of the Comptroller General; and former CLALS Research Fellow.

Brazil: Will Marielle’s Murder Help Build Consensus on How to Reduce Violence?

By Marcus Rocha*

A woman with a microphone stands in front of a crowd

Marielle Franco campaigning in 2016. / Mídia NINJA / Wikimedia

The murder in March of Marielle Franco – a popular 38-year-old black, gay city councilor in Rio de Janeiro – has stirred outrage across Brazil, but debate over how to increase security has been stifled by political agendas and fake news.  Marielle and her driver were shot dead on March 14 in what press reports characterized as a professional hit job.  Some commentators have speculated it may have been retaliation for her outspoken criticism of the police and military deployments in the cities and favelas.  One of her final posts on Twitter called attention to police violence, citing the case of a young man gunned down by authorities while leaving church.

  • Tens of thousands of mourners took to the streets in Rio and other cities to protest. MC Carol, a black funk singer from favelas near Rio, reflects the popular anger with her immediate hit song entitled “Marielle Franco,” in which she sings:  “You [the system] want to kill us, control us / But you won’t silence us / even bleeding we gonna make it / marching and screaming / I’m Marielle, Claudia, I’m Marisa.”  (Original Portuguese below.)  Claudia and Marisa were women killed during police operations in favelas.

There is no consensus, however, over the meaning of Marielle’s death within a broader agenda of solutions to curb violence in Rio de Janeiro amid an escalation in federal intervention in the state, now entering its second month.  Proponents of President Michel Temer’s push to mobilize the military and other federal assets claim the Councilor’s murder justified the policy.  Opponents argue that Marielle’s assassination and other high-profile murders underscore that the mobilization has not worked, and, indeed, the deaths have fueled widespread skepticism.

  • A poll conducted by Folha de São Paulo newspaper shows these mixed feelings. Seventy-nine percent of interviewees say they support the federal intervention, but 71 percent believe that nothing has changed since it started.  Moreover, 22 percent of people living in affected communities fear the police more than they do drug dealers (16 percent).  Some 15 percent have more fear of milícias– the gangs, which often include former and current police that control much of people’s lives in these communities – and 13 percent of general criminals.  Of those polled, 28 percent say fear all of them equally.  Criminal activities like car theft and robbery have shown no sign of decline.
  • Complicating discussion of Marielle’s murder has been the torrent of fake news about her. Through Facebook pages and Whatsapp messages, far-right groups have spread unsubstantiated allegations that she had links to organized crime.  One Facebook page shows a woman and a man, supposedly Marielle and Marcinho VP, a famous drug dealer, as a couple.  Marco Feliciano, a rightwing preacher turned lawmaker, said during a radio program that Marielle’s death was “just another number” and offered a crude joke.  “They shot a leftist in the head in Rio de Janeiro,” he said.  “It took a week to die because the bullet didn’t find the brain.”  Brazilian justice directed Facebook and YouTube to remove some of the offensive profiles and videos, but fake news is still being shared through social networks.

President Temer’s official announcement that he intends to run for reelection in October deepens the political dimension of his militarized solution to the violence problem.  The federal intervention in Rio de Janeiro has become a key issue on his agenda, but the lack of results is undermining his efforts to shore up his historically low, single-digit approval ratings.  Investigations into Marielle’s murder haven’t identified any suspects yet, and there’s no discussion about changes to security laws or any other measure other than putting more army troops in the streets.  Despite the general outrage, the window for change opened after Marielle’s murder is closing fast.  The Brazilian political system is looking straight to general elections in October, and the speed and depth of the politicization of the assassination, aggravated by fake news, suggest prospects for serious discussion are nil.

[Excerpt from MC Carol’s “Marielle Franco”]

Vocês querem nos matar, nos controlar
Vocês não vão nos calar
Mesmo sangrando a gente vai tá lá
Pra marchar e gritar
Eu sou Marielle, Cláudia, eu sou Marisa

April 5, 2018

*Marcus Rocha is a CLALS Research Fellow.

“New Transnationalisms” in Latin American Cinemas

By Dolores Tierney*

Guillermo del Toro speaks on a panel

Mexican director Guillermo del Toro, who won the Oscar for Best Director last month. / Gage Skidmore / Flickr / Creative Commons

When Mexican film director Guillermo del Toro won the Oscar for Best Director for The Shape of Water last month, it was another example of the “new transnationalism” of contemporary Latin American cinemas.  Working across cultures while preserving his Mexican creative identity, del Toro follows in the footsteps of his compatriots, Alejandro González Iñárritu (Best Director for Birdman in 2014 and The Revenant in 2015) and Alfonso Cuarón (Best Director for Gravity, 2013).  An examination in my recent book of these and three other Latin American directors – Brazilians Walter Salles and Fernando Meirelles, and Argentine Juan José Campanella – finds that their work is part of a broader shift toward transnational filmmaking: films made in one country produced with capital, creative input, or paradigms borrowed from another, and actors and directors making films in nations other than their own.

  • To a certain extent, Latin American filmmaking has always involved the use of personnel, equipment, and cinematographic styles from Europe and the United States. This comingling has become more radical, however, since the early 1990s, when neoliberal policies in the three major filmmaking nations – Mexico, Brazil, and Argentina – in particular led to a withdrawal of government financial support for the industry.  State-owned film infrastructures, including film institutes, distribution companies, and theater chains, were dismantled.  Production numbers fell from close to 100 annually in each country to less than ten, and Hollywood films increasingly dominated box offices.  In Mexico, government patronage still contributed to Cuarón and del Toro’s first features, respectively Sólo con tu pareja (1991) and Cronos (1993), but large numbers of directors, cinematographers, and actors left to look for work in the United States film industry.

At the turn of the century, however, production shifted toward a new model of transnational production.  Mexican cinema experienced a box office and critical renaissance because deregulation of movie ticket prices encouraged investment in new U.S.-style multiplex theatres situated in upscale shopping malls and neighborhoods.  Among the hits were Amores perros; Y tu mamá también; El crimen del padre Amaro; and Sexo, pudor y lágrimas.  The new multiplex-goers welcomed a range of Hollywood-derived genre films (romantic comedies, teen films), narratives, and practices (tie-in soundtracks) that reflected Mexicans’ own evolving tastes – finding common ground between Mexican and U.S. culture even if, quantitatively, “Hollywood” films still dominated.  In the same general time period, moreover, Mexican state support shifted toward a new model of privately and transnationally financed filmmaking that includes funds from European countries, other Latin American countries, and the United States.  Iñárritu, Cuarón and del Toro straddled two markets and two cultures, and excelled in both.

  • A similar evolution took place in Argentina and Brazil, with state withdrawal in the early 1990s and then a push to filmmaking in a reformed model of co-production in more recent years. Brazil and Argentina’s most successful domestic films are made with a combination of funds from the state (or state-owned businesses such as Petrobras) and private companies working with foreign partners, such as the Spanish Telefe and U.S.-based Disney affiliate Miravista (in Argentina), and a consortium of foreign firms partnered with Globo in Brazil.

Latin American film critics often lament that the region’s transnationalized cinemas borrow too much from the aesthetic models of the north – the genre templates of the crime film, melodrama, and romantic comedy among others.  But closer analysis shows that, while such artistic appropriation and the international co-producers’ distribution muscle are important, the films’ success also depends on their strong elements of “local exceptionality.”  Transnationally funded artists whose films circulate successfully in Europe and North America have leverage to tackle important sociopolitical aspects of their respective national histories.  Argentine director Lucrecia Martel (La ciénaga, La niña santa, La mujer sin cabeza, Zama) and Peruvian Claudia Llosa (Madeinusa, La teta asustada) are able to get around funding bodies’ prescriptive demands to make films that challenge stereotypes of developing nations.  In his recent Oscar-winning film, The Shape of Water, del Toro has made an English-language adult fairy tale with nods to science fiction, spy thrillers, and the musical, but it is much more than a product of U.S. industry.  It is a transnational film that reflects what del Toro refers to as the contradictions of his Mexican identity – a mixing of the “dark” and the “good” – and explores how Latin American and Latinness function in the U.S. political and racial imaginary.  His transnational film doesn’t diminish his Mexican voice; it enhances it.

 April 2, 2018

* Dolores Tierney is Senior Lecturer in Film Studies at the University of Sussex and former CLALS Fellow.  Her book, New Transnationalisms in Contemporary Latin American Cinemas, was published by Edinburgh University Press last month.

Brazil in 1999: The Impact of Rigid Labor Regulations

By Jennifer P. Poole and Rita Almeida*

The outside of a building in Brasilia, Brazil

Brazil’s Ministry of Labor and Employment in Brasília. / Grupo Vestcon / Creative Commons

During Brazil’s currency crisis and devaluation in 1999, stringent implementation of labor regulations hindered, rather than enhanced, manufacturing plants’ recovery and workers’ wellbeing – an important lesson to keep in mind in current debates in many countries.  In an article published in the May 2017 Journal of Development Economics (JDE), we examine the implications of global economic integration through international trade on local labor markets during that critical period in 1999.

  • Many economic policymakers agree that reforms in the latter half of the 20th century, such as liberalizing trade relations and encouraging foreign investment, have been powerful drivers of efficiency gains, income growth, and consumer choice around the globe. At the same time, however, there is agreement that – as firms adapt to a more competitive global environment – the gains are often accompanied by short-term costs for workers in terms of unemployment and income risk.  Policymakers have to weigh the broad economic benefits from globalization and technological change, on the one hand, against workers’ opportunities and security on the other.

A micro-econometric estimation analysis of detailed, confidential, and proprietary micro-data sets – collected in part while visiting the Brazilian Labor Ministry – reveals a causal impact of trade reform on employment.  Brazil’s policy environment of strict labor market regulations (e.g., hiring and firing costs), coupled with its dramatic trade liberalization and currency devaluation, make it a particularly appropriate setting to study the implications of globalization on employment opportunities in a middle-income country.  As in many countries, much of the de jure labor market framework was established on a national basis in Brazil (in the Brazilian Federal Constitution of 1988), but de facto labor regulations – the varying levels of implementation through labor inspections, fines, and other processes in different locales – are heterogeneous.

  • Administrative data on the enforcement of labor regulations during the 1999 currency crisis, a shock to trade openness, show that the way trade affects employment largely depends on the stringency of de facto labor regulations that companies face. The impact of the currency devaluation – widely predicted to expand employment by facilitating access to foreign markets and weakening import competition – was less significant in plants facing strong labor enforcement than in those facing more lax enforcement.  The findings suggest that stringent labor regulations limit job creation and lower productivity gains.
  • Not only was the efficient reallocation of labor in response to shocks inhibited by strict de facto labor market regulations; rigid enforcement also restricted the within-plant potential for productivity gains. The data reveal that regulations, for example, may limit plants’ ability to introduce new goods or investment in more complex production technologies that might have higher value-added.  The burden of having to retain unproductive workers, making plants less able to compete, is another possible explanation for weak productivity gains.

Previous research – arguing that weak enforcement leaves regulations ineffective – ruled out the possibility of labor regulations as an explanation for slow labor adjustment to trade reform.  But our research shows that flexible regulations maximize the gains of reforms such as trade liberalization.  As middle-income countries continue to face a globalizing and technologically advancing world economy, their strict labor market policies, limiting adjustment and reallocation, may have potentially distortive, unintended consequences.  The trade-off between job security, on the one hand, and productivity and growth is already one of the most prominent public policy debates worldwide.  Regulations designed to protect workers may actually further reduce employment as costs increase.  Countries must show flexibility, while enhancing education and training programs, to benefit fully from changes driven by the global economy.  As populist, protectionist policies gain influence in the world, policymakers should know that increasing the flexibility of de jure regulations will allow for increased job creation and thus offer broader access to productivity gains.

March 7, 2018

*Jennifer Poole is Assistant Professor of Economics, School of International Service, and Research Fellow at the IZA Institute of Labor Economics and the CESifo Research Network.  Rita Almeida is a Research Fellow at the World Bank and the IZA Institute of Labor Economics.  Their article is titled “Trade and Labor Reallocation with Heterogeneous Enforcement of Labor Regulations.”

Brazil: Growing Federal Role in Security

By Marcus Rocha*

A man in a military uniform and a man in civilian dress shake hands

Brazilian President Temer (right) and General Villas Bôas (left) shake hands. / Romério Cunha / Flickr / Creative Commons

Brazilian President Temer is increasing the armed forces’ role in security matters, especially in Rio de Janeiro, in what appears to be a populist measure to increase his odds in the October election should he decide to run.  Although General Villas Bôas, commanding general of Brazilian Army, has cautioned about the limitations on the military’s ability to carry out civilian security operations, the Army has generally accepted the mission and used it as pretext for more funding and more legal protection from prosecution.  Governments have increased the use of the Armed Forces for security in Rio on a number of occasions in the last 26 years, including during international conferences, a Papal visit, and surges in drug violence in the favelas.  Preparing for the 2014 World Cup and 2016 Olympics, then-President Dilma Rousseff also favored using the military over state police for many security functions.  Military units have usually operated under Decretos de Garantia de Lei e Ordem to circumvent Constitutional prohibitions on their role in civilian policing.

  • This approach has been criticized for both its fiscal and human costs. During a 15-month period beginning in 2014, when the Armed Forces occupied Favela da Maré (a group of 16 communities in Rio), the operation used 85 percent of both the military personnel and of the $200 million budget used during Brazil’s 11 years of involvement in Haiti peacekeeping under MINUSTAH.  Violations against slum residents were reported, and polls showed that most of the inhabitants of Maré did not feel safer with the Army in the streets.
  • Congress last year approved a law initially proposed in 2003 allowing cases of civilians killed by the military in such operations to be tried in special military courts – fueling popular concern that the extra protections for troops would give them a “license to kill.” Army commander Villas Bôas had lobbied for the law.  The internal security mission gives the military leverage for resources, but generals acknowledge that soldiers aren’t trained to deal with security in urban areas.  Villas Bôas has said publicly that his forces “don’t like this kind of deployment”; are concerned it hurts their image; and lament that affected areas return to status quo after they depart.  Villas Bôas has spoken also of “fears of the contamination” of troops by organized crime.

Temer’s moves go beyond his predecessors’ in that federal authority, rather than supplementing local officials, is subordinating them for the first time under the 1988 Constitution.  The interventor assumes the governor’s authority for the entire state’s security, with power to command both civilian and military units.

  • Temer has also announced the creation of a new Ministry of Public Security focused only on security – an issue normally under the states’ exclusive purview. While the ministry would provide more federal funds and coordination to anticrime initiatives, specialists note that the move also would give the President increased influence over the anti-corruption investigations that have rattled his Administration (among many others).  The Brazilian Federal Police, now under the Ministry of Justice and widely speculated to move to the newly created Ministry, is a key player in the years-long Lava Jato  Temer’s announcement has prompted fear – including among Lava Jato investigators, according to press – that changes in the chain of command could undermine efforts against corruption under the guise of focusing the resources in public security.

Temer’s actions suggest greater concern about polls than improved security.  With national elections just seven months away, he has single-digit approval ratings and has been unable to push through signature initiatives, such as pension reform.  Of the three top concerns in the polls – health care, corruption, and security – he has chosen the latter as the centerpiece of his agenda for the election, even though he has said he will not run.  Temer may find confirmation of his strategy in a drop in the crime rate during Carnival this month, but the use of the Armed Forces against drug-trafficking, organized crime, gangs, and other security challenges has proved dubious at best in Colombia, Mexico, and elsewhere.  In Rio de Janeiro, mafias made up of former Army, civilian police, and firemen dominate the drug trade and even services like gas, light and cable TV.  The increased use of the military also has potentially profound consequences for human rights, military professionalization, the development of civilian institutions, and the broader embrace of rule of law.  Increased federal intervention in Rio and elsewhere responds to short-term political interests with long-term outcomes that will only make things worse.

February 26, 2018

*Marcus Rocha is a CLALS Research Fellow.

Brazil: Lula’s Conviction and Electoral Reforms Stirring Up Presidential Race

By Paulo Castro*

Large room in with many people at desks

Brazil’s Chamber of Deputies. Presidential candidates’ TV and radio time in the upcoming 2018 election will be proportionally determined by the number of seats they hold in the Chamber. / Edilson Rodrigues / Agência Senado / Flickr / Creative Commons

Already overshadowed by the Lava Jato corruption investigations, Brazil’s preparations for general elections in October are likely to take place amid rising tensions – and perhaps even some violent protests.  Early campaign maneuvering intensified last month when a regional federal court raised obstacles to former President Luiz Inácio “Lula” da Silva’s candidacy, and electoral reforms passed in 2015 promise to fuel further disruption as election day approaches.

  • Lula’s appeal to overturn his conviction on corruption and money laundering charges was rejected by the Regional Federal Court in Porto Alegre (TRF-4). The ruling does not automatically knock him out of the race, but it drastically decreases his chances of running in October.  His best hope at this point lies with the Federal Supreme Court (STF), which has the power to overturn the regional court’s ruling.  This is very unlikely, however, because (i) a recent change in the Supreme Court’s interpretation of the law allows a defendant to be arrested if the original conviction is confirmed ; (ii) STF Chief-Justice Carmen Lúcia, who unilaterally has the power to set the Court’s agenda, has stated clearly that “overturning the Federal Court’s ruling against Lula would undermine the Supreme Court”; and (iii) the Clean Record Act (Lei da Ficha Limpa) prevents candidates from running for public office for eight years if they have been convicted by a second instance court such as the TRF-4.
  • The campaign climate is also affected by changes brought about by the electoral reforms of 2015, which reduced the campaign period from 90 to 45 days (with TV/radio time reduced from 45 to 35 days) and barred corporate donations to campaigns. These changes are likely to shift the balance in favor of traditional political leaders who already have national name recognition and have more influence inside their parties to get the few resources available.

Lula’s likely disqualification and the reforms have thrown the parties, especially his Workers Party (PT), into uncharted territory.  After 30 years of internal deal-making with his “mystical” name at the center, the PT will have to produce new political leaders and policy platforms.  For all parties, reduced financial resources and less TV time will increase the role of “politics as usual.”

  • TV and radio time is allocated in proportion to the parties’ representation in the Lower House of Congress, so candidates will need a strong party’s support to build a competitive candidacy. This suggests that the rise in the polls of Jair Bolsonaro – an Army reservist and congressman with a penchant for populist, authoritarian rhetoric – doesn’t necessarily make him a strong candidate; the small party under whose banner he’s running controls only 3 of 513 seats in the Chamber of Deputies. The center and center-right parties, such as PMDB and PSDB, will also have an advantage because in 2016 they elected the highest number of mayors, who can bring additional resources to bear.

 The final outcome of the Lula case and implementation of the reforms could ignite further political instability.  Lula’s arrest could very well spark a new wave of demonstrations, with possible violence.  Lacking resources, Bolsonaro – who has already advocated military intervention in civilian political affairs – will try to rally right-wing groups behind his candidacy.  Combined, these opposing movements create a dangerous political landscape that brings both sides of the spectrum to doubt the capacity of democratic institutions.  A recent survey by Latinobarometro already shows that only 13 percent of Brazilians are pleased with the current state of their democracy.  Perceptions that the Judiciary has been excessive in the Lula case and that election laws have only empowered traditional (and corrupt) forces are likely to feed into the sort of authoritarian rhetoric Bolsonaro espouses and cause turmoil that harms the overall confidence on Brazil’s democracy.

February 9, 2018

* Paulo Castro is Ph.D. Candidate in Political Science at the University of Brasilia, where he is focusing on the political actions of the Brazilian Supremo Tribunal Federal.  He has worked as an advisor and analyst in the Ministry of Justice and private sector organizations.  He is also a CLALS Research Fellow.

Lima Group: Committed to Democratic Principles?

By Nicolás Comini*

Group of men and women stand at a podium

Government officials from different Latin American countries met in August 2017 to sign the “Lima Declaration,” establishing the Lima Group. / Ministerio de Relaciones Exteriores, Perú / Flickr / Creative Commons

The “Lima Group” – an informal alliance of 12 Latin American countries created to observe the sensitive situation in Venezuela – has shown that its defense of democracy in the hemisphere is inconsistent.  Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Guatemala, Honduras, Mexico, Panama, Paraguay, and Peru have on at least a handful of occasions condemned Venezuelan President Nicolás Maduro for stoking political violence, holding political prisoners, committing electoral fraud, and engaging in other abuses, justifying their positions as based on ethics, morals, and good practices.

The reactions of the Lima Group and its leading members to the situation in Honduras since that country’s presidential election in November, however, suggests that the values they espouse do not have universal application.  After OAS Secretary General Luis Almagro declared that the election lacked credibility and called for new elections, some countries’ pro-democracy fervor faded.

  • Argentine President Mauricio Macri’s administration quickly recognized Honduran President Juan Orlando Hernández’s victory and officially declared its “disposition to continue working for the development of closer ties of friendship and more cooperation between the two nations.” The Brazilian foreign ministry expressed its “commitment to maintain and strengthen the ties of friendship and cooperation that traditionally have united both countries.”  In Mexico, President Enrique Peña Nieto’s government quickly recognized Hernández as well, calling on “Honduran society to support dialogue in order to preserve peace and democratic stability in that sister nation.”

The discrepancies between the group’s rhetoric and actions appear to be rooted in various reasons.

  • Political alignments take precedence over values. Honduran President Hernández has been active in the group’s (and indirectly the OAS’) efforts on Venezuela.  Honduras is a member of the Lima Group, and Hernández is perceived by conservative governments as an ally to contain the spread of the left.  The risk of massive Venezuelan population displacement, with profound potential consequences for neighboring countries, contrasts with the situation in Honduras.  With the region entering a new election cycle, moreover, incumbents’ lack of support for Almagro’s position signals that they do not want the OAS messing around in their own electoral processes.
  • These governments also see Hernández as a strategic United States ally in Central America in combating drug trafficking, transnational criminal networks, money laundering, and irregular migration. Many of the governments may also refrain from criticizing the belief that Tegucigalpa benefits from the presence of 1 million Hondurans in the United States (more than half of whom the State Department says “are believed to be undocumented”).  In addition, Honduras was one of the eight countries that supported President Donald Trump’s rejection of the UN General Assembly Resolution asking nations not to locate diplomatic missions in Jerusalem.

The crises in Venezuela and Honduras are indeed different, and the international community’s interests in them are naturally different.  Maduro’s and Hernández’s failings affect other countries’ political and economic equities in different ways.  Maduro’s undemocratic actions increase unpredictability in the management of oil and other sectors of foreign interest, whereas Hernández’s represent predictability, if not stability, in areas that Washington cares about and Buenos Aires, Brasilia, and the rest of Latin America do not.  But the high-sounding values at stake – democracy, institutionality, and rule of law – are the same in both countries.  While Venezuela’s population is three times the size of Honduras’ and its political crisis arguably three times more advanced, the moral responsibility – and moral authority – of the Lima Group or its member nations is many times greater in a small, vulnerable, poor country like Honduras.  Security forces have gunned down some three dozen oppositionists and protestors since the November election, and allegations of human rights violations have soared, but Latin America’s major democracies have been silent.

  • The failure to support the OAS’ call for new elections was not just a stab in the back of Secretary General Almagro; it revealed that their rhetoric about the OAS Democracy Charter – embodiment of democratic values they demand be respected in Venezuela – are not as universal as they say. When the Lima Group last Tuesday (with considerable justification) rejected the Venezuelan National Assembly’s call for an early presidential election, the Hernández government’s signature was there alongside the others.  If universal democratic values and principles are not for universal application – if even an informal grouping will not criticize a small actor with whom they do not have major equities at stake – their value is much diminished.

January 30, 2018

* Nicolás Comini is Director of the Bachelor and Master Programs in International Relations at the Universidad del Salvador (Buenos Aires) and Professor at the New York University-Buenos Aires.  He was Research Fellow at CLALS.

The Anticorruption Imperative for Latin America

By Matthew Taylor*

Bar graph showing accountability in Latin America

Graphic courtesy of author. For a larger version, please click here.

Latin America’s reactions to the massive transnational scandals involving the Brazilian construction giant Odebrecht and its subsidiary Braskem are an important sign of progress in anticorruption efforts.  But across the region, courts’ reluctance to challenge elites remains a major obstacle to deeper accountability.  Brazilian, Swiss, and U.S. authorities’ announcement in December 2016 of a multibillion dollar global corruption settlement with the Brazilian firms – valued at $3.5 to 4.5 billion – was remarkable for being the largest in history.  It was also shocking for its revelations: Odebrecht admitted using a variety of elaborate subterfuges to launder bribe payments and corrupt proceeds, including by setting up a bribe department and buying an offshore bank.  Graft allowed executives to rewrite laws in their own favor, and guaranteed that the right officials were in the right place when public contracts were up for bidding.  The firms netted $3.60 for every $1 they spent on bribes in Brazil, and admitted to paying $788 million in bribes across twelve countries, including ten in Latin America.

The political salience of the charges is roughly similar in all ten Latin countries, muddying the reputations of presidents or former presidents in Argentina, Colombia, the Dominican Republic, Peru, Panama, Venezuela and, of course, Brazil.  Ministers and high-level officials have been implicated in the remaining countries: Ecuador, Guatemala, and Mexico.  Nearly one year after the settlement, it is time to ask how well law enforcement and judicial processes are resolving the allegations against these high-powered public and private sector elites.

  • In a paper forthcoming in Daedalus, I argue that accountability can be thought of as the outcome of a basic equation – A = (T + O + S) * (E – D) – combining transparency (T), defined in its most essential sense as public access to information about the government’s work; oversight (O), meaning that government functions are susceptible to surveillance that gives public or private agents the right to intensively evaluate the government’s performance; and sanction (S), effectively punishing wrongdoing and establishing societal norms to their rightful place. These are tempered by institutional effectiveness (E) – understood as the outcome of state capacity, relevant laws and procedures, and citizen engagement – and political dominance (D), which diminishes the incentives for active oversight or energetic sanction.  The graph above uses a combination of data points from the World Justice Project to measure each of the five variables.
  • The comparison yields mixed findings. On average, the nations implicated in the Odebrecht settlement do quite well on transparency, effectiveness, and political dominance – the outcome of a generation of democratic rule (with Venezuela being the obvious outlier).  But all ten countries perform comparatively poorly when it comes to oversight, and abysmally when the criterion is sanction.  This does not bode well for accountability, especially if we consider that among the Odebrecht Latin Ten, the highest-scoring country on the sanction criteria is Argentina, whose score is still below the middle-income country average.  In Brazil, where trial courts have led the way in imposing sanctions on business elites, political leaders are nonetheless protected against meaningful sanctions by an arcane system of privileged standing in the high courts.

Latin American judicial systems – long rigged to protect local economic and political elites – remain the principal obstacle to accountability.  The Odebrecht settlement signaled that a new day has arrived: new international norms and law enforcement across multiple jurisdictions are likely to continue to upset the cozy arrangements that have protected the region’s elites from corruption revelations for decades.  But true accountability will only come when local courts and prosecutors are empowered to effectively punish corrupt elites.  That implies changes in legal procedure, new laws, and most importantly, political will.  Perhaps the Odebrecht case will galvanize domestic public opinion and mobilize policymakers about the need to improve local justice systems.  The enormous costs of corruption revealed by the Odebrecht settlement suggest that change cannot come soon enough.

November 6, 2017

* Matthew Taylor is Associate Professor at the School of International Service at American University.  His forthcoming article in Daedalus is entitled “Getting to Accountability: A Framework for Planning and Implementing Anticorruption Strategies.”

Brazil: Surge in Divisive Politics

By Marcus Vinicius Rossi da Rocha*

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Brazilian right-wing politician Jair Bolsonaro disparages fellow politician Maria do Rosário during a debate on violence against women. / Marcelo Camargo / Agência Brasil / Wikimedia / Creative Commons

Political tumult, constant corruption scandals, and widespread popular loss of confidence in political institutions have given rise to divisive right-wing movements that, although not poised to win office in the 2018 elections, are laying the groundwork to have an impact on Brazilian politics in coming years.  Brazil will elect a president and both houses of Congress in October 2018, after five years of economic crisis (3.6 percent contraction in 2016); corruption scandals (President Michel Temer is still under investigation in the Lava Jato probe); low confidence in government (Temer has 3 percent approval); and political instability.  Many observers believe Brazilian democracy could be in peril.

Two factors in particular – the economic decline and the odor of taint surrounding Temer and the political class – are fueling a surge in right-wing and populist politics.  Conservative and market-oriented agendas are, unsurprisingly, gaining momentum, but also are challenges to the country’s three decades of democracy, including the defense of torture and military dictatorship.  The surge is seen in three main areas:

  • The Free Brazil Movement (Movimento Brasil Livre, MBL) is a youth libertarian movement born in early 2014 following the mass street protests of 2013, which its leaders helped organize. While promoting free speech, less government, individual liberty, and market-oriented reforms, its agenda emphasizes moral issues as an electoral strategy.  It mobilizes protesters against left-leaning politicians and gay art exhibits and succeeded in shutting one event down on spurious grounds.
  • Jair Bolsonaro, a former army captain turned lawmaker, is famous for his defense of torture and the death penalty, his opposition to human rights protections, and his praise for the military dictatorship that ruled Brazil in 1964-85. Proud of his lack of political correctness, he compares himself to U.S. President Donald Trump, and he casts himself as engaged in a moral struggle to save the nation.  He promises to withdraw Brazil from international human rights agreements; opposes gay marriage; and wants to adopt the death penalty and loosen gun laws.  In a speech on the House floor one time, he told a female legislator and human rights defender, “I do not rape you because you are not worth it.” He was reprimanded by the courts for this and other statements, but a leading public opinion institute Datafolha shows him with almost 20 percent of popular support.
  • A handful of senior active-duty and reservist military officers also seem to be crossing the line with greater frequency, openly speaking about “constitutional military intervention.” These officers espouse a highly disputed interpretation of Article 142 of the Constitution – which states that the “Armed Forces aims … to defend the homeland, to assure the constitutional powers, and, by initiative of any of these powers, to assure law and order” – to argue that the Constitution gives the Armed Forces authorization to intervene in politics.  At an event a few weeks ago, General Antonio Hamilton Mourão said that if the judiciary does not fix the government’s corruption problem, the Armed Forces could.  The high command remained silent.

Few analysts believe that the 2018 elections will be obstructed in any way, but the years of crisis, compounded by the polarizing rhetoric and activities of frustrated conservatives, will put checks and balances to test.  A military coup is highly unlikely – the Army is not eager to run the state again – but the apparent politicization of institutions sworn to defend the rule of law could cause others to flout the Constitution.  Congressman Bolsonaro does not appear likely to score big in 2018.  His party is small, but his popularity could very well give a boost to similarly minded groups poised to gain ground in Congress. This could lead to more than a continued shift toward the interests of construction firms, financial system, and agriculture sector that support them; it could portend a dismantling of decades of work to build democratic institutions; end torture and police brutality; and protect citizens’ rights to choice, freedom from discrimination based on sex or sexual orientation; pro-choice laws, gay rights, and indigenous rights.  Three decades of democracy won’t be reversed easily, but the next several years call for healing, not a new politics of division.

 October 5, 2017

* Marcus Rocha is a Ph.D. Candidate in Public Policy at the Federal University of Rio Grande do Sul (Brazil) and a CLALS Research Fellow specializing in the Brazilian executive branch and corruption in municipalities.

Brazil’s Foreign Policy:  A Regressive Path?

By Gilberto M.A. Rodrigues*

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Brazilian Foreign Minister Aloysio Nunes speaks at a MERCOSUR meeting regarding the situation in Venezuela. / Divulgação / Flickr / Creative Commons

President Dilma Rousseff’s foreign policy was less active than President Lula’s, but Brazil has lost prominence in international politics even faster since her impeachment almost exactly one year ago.  According to the Soft Power 30 survey, Brazil now ranks 29th in international influence, having ranked 24th in 2016.  One reason is both domestic and political:  President Temer’s government has had to struggle to be recognized as legitimate.  The other is strategic: a wrong bet made by the new heads of Brazil’s foreign affairs.

  • Temer left the Ministry of Foreign Relations in the hands of the Social-Democratic Party (PSDB), appointing São Paulo Senator Jose Serra – at that stage a potential presidential candidate – as foreign minister. Temer and his PSDB partners’ most important project was to align Brazil more closely with the United States.  In parallel, they sought to progressively dismantle the South-South international policy that President Lula championed and President Rousseff continued, with its focus on the BRICS countries.
  • Their approach was based, however, on the expectation that Hillary Clinton would win the U.S. election, and they had no “Plan B” for collaboration with the Trump Administration and its significantly different view toward Latin America and Brazil. Unable to rescue the heart of his policy, Serra resigned after nine months, claiming health issues, and another PSDB senator and political ally, Aloysio Nunes, took the job with a clear plan to align Brazil with the international market.  Brazil’s application to the OECD was done fast and without controversy.

At the same time, several important issues have been disempowering Brazil’s foreign policy.

  • MERCOSUR and UNASUR. The most important diplomatic capital Brazil built in the past 20 years – launched by President Cardoso, deepened and revamped by Lula, and maintained by Dilma – was the broad South American cooperation built in MERCOSUR and, later, UNASUR.  Temer has refocused the former on trade and essentially abandoned the latter.  The country’s vision for broad integration has fallen prey to ideological suspicions.
  • Venezuela. By shaming President Maduro as a dictator, Brazil essentially disqualified itself as a possible neutral player in efforts to resolve the Venezuela crisis, the most important challenge in South America today.  Many Brazilian observers believe Brasilia’s absence could mean a blank check to a still unknown and unpredictable White House policy on Latin America.  President Trump’s recent suggestion of a possible military intervention in Venezuela has deepened those concerns.
  • Corruption. The Temer Administration is poorly positioned to push for the sort of initiatives that many governments and societies need to combat corruption.  The problem has deep roots, but Temer’s rise to power in the wake of a campaign attacking alleged corruption by Lula and Dilma gives greater salience to his own shortcomings.  The Attorney General’s Office and the Lava Jato investigators have accused him and most of his ministers of corruption.  This makes Brazilian foreign policy fragile and contradictory in this field despite the government’s efforts to cast itself as a champion of integrity.  It is much more like “a saint with feet of clay,” according to a Brazilian saying.

President Temer and his Foreign Ministers’ two-pronged approach to foreign policy entails risks for Brazil’s international clout.  By deconstructing the so-called “ideological diplomacy” of Lula, Dilma, and their Workers Party, the new team is eliminating an agenda that has achieved unity, albeit in fits and starts, of the continent around a series of issues relevant to them all.  Their efforts to refocus policy on trade and financial issues – essentially a neoliberal agenda that most of the region has rejected – may ultimately yield them economic and political benefits at home, but at the cost of moving Brazil off center stage and reducing its ability to provide regional leadership in the future.  The country’s inability to drive a regionally-supported resolution in Venezuela is already being felt.  Even if this reorientation of foreign policy is ultimately successful, the political capital that gave Brazil a higher international profile as a major world democracy will be difficult to rebuild. 

September 6, 2017

*Gilberto M.A. Rodrigues is Professor of International Relations at the Federal University of ABC (UFABC) in Brazil, and was a CLALS Research Fellow in 2017.