Brazil: A Moment of Truth

By Barbara dos Santos*

Brazil elections 2018

A group of demonstrators gathered in São Paulo last week to protest Brazilian presidential candidate Jair Bolsonaro and show their support for other candidates like Ciro Gomes. / Mark Hillary / Flickr / Creative Commons

Campaigning for Sunday’s election has brought out deep divisions in Brazilian society and set the stage for an even more divisive runoff later this month.  This week’s polls underscore that, although most voters arguably occupy the center, the right and the left have the strongest candidates.  Populist conservative Jair Bolsonaro (31 percent) has a 10-point lead over Workers Party (PT) latecomer Fernando Haddad (21 percent), who started campaigning only after party standard-bearer “Lula” da Silva definitively pulled out of the race three weeks ago.  But both candidates have high negatives, and the polls suggest that they would be tied in a second round (42 percent each).  Ciro Gomes, of the Democratic Labor Party (PDT), is still hovering around 11 percent, but polls also show that he would beat Bolsonaro (39 to 45 percent) if they face off on October 28.  Everyone else is polling in the single digits.

  • Hate politics has spiked during this campaign, powered by polarization, culture wars, and fake news on social media. Uncivil discourse and even physical violence have increased.  Although Federal Police have concluded that the man who stabbed Bolsonaro last month acted alone, the candidate and allied social media are hyping the incident as a political attack.  Other rumors circulating online are that Haddad’s running mate, Manuela d’Ávila of the Partido Comunista do Brasil, ordered the stabbing (which prompted threats against her.)  A review by the national daily O Estado de São Paulo found that several of Bolsonaro’s campaign themes – defending the death penalty and vigilantism, the use of torture, and past racial cleansing – have fueled aggressive attacks by both opponents and supporters.  One of the leaders of the Facebook group Mulheres Unidas Contra Bolsonaro was assaulted by three men outside her home on September 24; their political views are clear, although their affiliation remains unconfirmed.
  • The emergence of Bolsonaro – who has publicly called women unequal, stupid, and even “too ugly to rape” – shows the stridency of the culture wars now occurring in Brazil. His campaign has also revealed greater tolerance among some sectors for misogyny going far beyond traditional machismo.  It reflects a rejection of the younger generation’s progressive and liberal values of equality and inclusion.  Bolsonaro’s proud refusal to apologize for his remarks suggests confidence that his base sympathizes with his views.

In terms of political institutions, the election is crucial to the future of the PT and the left in Brazil and beyond.  Over its 14 years in power, the party led the country on a path of decreasing inequality, a booming economy, and international prestige as a “global player.”  It all came tumbling down for external and internal reasons:  commodity prices crashed, economic recession set in, and massive corruption scandals led to deep, sustained political crises.  The PT’s opponents have cast the party as the embodiment of all that is wrong with Brazilian society and institutions, and Bolsonaro and others on the right are hoping to deal it a deathblow.  Haddad is running hard, but local observers believe he needs to distance himself more from his party’s past – such as by trying harder to avoid criticizing the judicial processes that landed Lula in jail, advocating a responsible government budget, and more aggressively criticizing Presidents Maduro in Venezuela and Ortega in Nicaragua.

This round of elections is the most important since the re-democratization of Brazil in 1988.  While some democracies around the world are known for tumult and strident campaigning – and may even be able to weather periods of authoritarianism – those that are of more recent vintage and less institutionalized, including Brazil, can break.  A Bolsonaro victory would not necessarily lead the country to military dictatorship, but the acceptance of his authoritarian vision, including his praise for military rule in the past, poses a potentially serious threat to the continuing strengthening of Brazilian democratic institutions.  In an interview last week, he even implied that if he were not elected, he would reject the vote count and claim that PT committed fraud.  Similarly, Haddad would also pose a threat to democratic institutionalization if he does not allow the justice system to handle Lula according to the law.

 October 4, 2018

*Barbara dos Santos is a Ph.D. Candidate in Political Science at the School of Public Affairs at American University.

Brazil: Diving into Uncertainty

By Marcus Rocha*

Brazilian presidential candidates 2018

Brazilian presidential candidates, from left to right: Lula da Silva, Jair Bolsonaro, Geraldo Alckmin, Marina Silva, and Ciro Gomes. / Wikimedia, edited

With voting just a little under four weeks off, Brazil faces the most confusing, unpredictable, and consequential election since democratization in the 1980s.  The two leading contenders – former President “Lula” da Silva and firebrand conservative Jair Bolsonaro – are in jail and the hospital recovering from a stabbing, respectively, but the former is being left behind, and the latter is likely to try to use his victimhood to overcome other weaknesses.  At a point that Brazil needs stability and leadership, it is lurching toward an election that appears unlikely to produce either.

  • Lula’s Workers Party (PT) hierarchy continues to push his candidacy, but yet another rejection last week of his appeal of his conviction on corruption charges is increasingly opening the way for Fernando Haddad, former mayor of São Paulo, to assume the party mantle. Haddad has polled poorly, only 6 percent as recently last week, but a serious PT mobilization will be a big asset.  (Announcement of his candidacy is expected today.)
  • Prior to Bolsonaro’s stabbing, his weaknesses seemed likely to hold him back despite a good 22 percent in recent polls. His popularity may rise as he seeks sympathy for his injury, but his strong negatives – 44 percent of people polled say they will never vote for him – will be hard to erase.  His Social Liberal Party (PSL) has a very narrow base in Congress, and the former Army captain and lawmaker’s main tactic – divisive rhetoric attacking human rights advocates and praising the military dictatorship of 1964-85 – does not conceal his lack of a serious political agenda, according to many observers.

The proliferation of other parties is also deepening confusion.  Brazil has 35 parties, and for the first time faces the possibility that neither of the two Brazilian parties with a virtual monopoly on presidential succession – the PT and Brazilian Social Democracy Party (PSDB) – will make it into the runoff in Brazil’s two-round system.  The PSDB’s Geraldo Alckmin has a strong Congressional base (which under the law determines his access to media time) but continues to poll poorly (9 percent).  Marina Silva, of the Rede Sustentabilidade, and Ciro Gomes, of the Democratic Labor Party (PDT) – both of whom currently have 12 percent – have a shot at a place in the second round.  Another eight candidates show much less promise.

The political chaos has not brought protesters out into the streets or threatened a broader social crisis in the closing weeks of the campaign, but it has thrust Brazil into uncharted territory.  Bolsonaro’s stabbing and his certain efforts to play the victim will almost certainly continue push his rhetoric beyond that traditionally acceptable in Brazil.  The political parties, however flawed, were sources of predictability and stability, but no longer are.  Investigations into corruption, also previously thought to strengthen the political system, have contributed to uncertainty.  The courts are accused of political bias.  As the PT and PSDB slip, none of the smaller parties appears poised to gain broad enough confidence to lead the country through its numerous challenges.  In the first- and second-round votes on October 7 and 28, Brazilians will choose between trying to revive the old – clinging to PT or PSDB – or continuing the search for something that is not yet visible on the horizon.

September 11, 2018

*Marcus Rocha is a Ph.D. candidate in Public Policy at the Federal University of Rio Grande do Sul in Porto Alegre, and a former CLALS Research Fellow.

South America: Venezuela Humanitarian Crisis Roiling Region

By Michael McCarthy*

A line of Venezuelan migrants at a Colombian border checkpoint.

Venezuelan migrants at a Colombian border checkpoint. / Colombia Reports / Wikimedia

The humanitarian crisis driven by both Venezuela’s increasingly dire economic situation and political repression is taxing all of northern South America, with no remedy in sight.  In what UN High Commissioner for Refugees officials call “one of the largest mass-population movements in Latin American history,” an estimated 2.3 million Venezuelans – about 7 percent of the country’s population – have poured out of the country since 2014.  According to UNHCR, more than half of them suffer from malnutrition, and a significant percentage suffer from diseases, such as diphtheria and measles, previously thought to be under control.  The crisis is posing economic and security challenges to neighboring countries:

  • Colombia has seen the greatest flow. About one million refugees have crossed the border since 2015, but arrivals have peaked – reaching about 5,000 per day – as the Venezuelan economy hits new lows.  Venezuelans’ fears that Colombia’s new president, Iván Duque, will close the border have driven part of the surge, but Venezuelan President Nicolás Maduro’s recent policy announcements – including a fórmula mágica that includes controlling inflation by lopping five zeros off current prices – are main drivers, according to most observers.
  • Ecuador received more Venezuelans in the first half of 2018 than in all of 2017 (340,000 to 287,000). Confronted with severe disruptions in border communities, Quito has declared a month-long “emergency” in four border provinces and has sent doctors and other personnel to help mitigate the impact of the arrival of several thousand Venezuelans a day.  Ecuador has announced that it is now denying entry to persons without passports.  Quito last week called for a regional summit on the crisis in mid-September.
  • Peru is the largest refugee hosting country in the Americas, but it has now begun to demand official documentation.
  • Brazil has taken in several tens of thousands of Venezuelans, but the influx is provoking local tensions. A regional judge closed the border – a decision overturned by the Supreme Court – and locals in the border city of Pacaraima took matters into their own hands vigilante-style, burning down a tent city and chasing about 1,200 Venezuelans back across the border.  Argentina and Uruguay, which last granted residency to 31,000 and 2,500 Venezuelans, are beginning to feel pressure to slow the flow.
  • Guyana is also upset because Venezuelans claiming Guyanese citizenship are arriving with claims to properties held by others since at least the 1980s. As the International Court of Justice takes up Georgetown’s case on its decades-old border dispute with Venezuela, the refugees’ arrival is an unwelcome distraction.

The United States and European Union have offered assistance, mostly to Colombia.

  • Earlier this month, Washington announced it would give Colombia an additional US$9 million in aid to provide water, sanitation, hygiene and some medications to Venezuelan migrants – bringing the overall U.S. commitment to over US$46 million over the past two years. USAID has cast the aid as supporting a “regional response” to the problem, but Washington’s closest ally, Colombia, will receive the overwhelming share.  U.S. Defense Secretary Mattis has announced he’s sending a hospital ship, the USNS Comfort, to Colombia and “possibly other destinations” to help.
  • In June, the EU committed €35.1 million (US$40.2 million), mostly for “emergency aid and medium-term development assistance” for people remaining in Venezuela and for neighboring countries affected by the crisis, and the EU Commission promised it would mobilize its migration and asylum program to provide help for migrants.

Assistance from the U.S. and EU, as well as any future help from multilateral development banks, is crucial but, ultimately, these interventions are palliatives.  Durable solutions will have to come from within Venezuela and from regional initiatives.  The summit proposed by Ecuador will produce little without strong leadership that at the moment appears absent.  The Organization of American States seems fatigued by the issue, and its Secretary General’s personalization of the struggle against Maduro over the past year has left him few options as well. UNASUR has been severely weakened – most recently by Colombian President Duque’s announcement of his country’s definitive withdrawal from the group – and its interlocutors from past efforts to find a solution in Venezuela have refrained from public comment.  The leadership of UN refugee specialists is critical, but the Security Council is very divided over the Venezuela crisis and the Secretary General has failed to gain traction with efforts to take a more active political role to address the Venezuelan crisis.  With Maduro’s fórmula mágica for resolving Venezuela’s economic challenges having next to no possibility of helping, the hemisphere should not be surprised that the flow of refugees will surely continue.

August 28, 2018

* Michael McCarthy is a Research Fellow with the Center for Latin American & Latino Studies.  He publishes Caracas Wire, a newsletter on Venezuela and South America.

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.

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.

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.”

And the Winner is… Trump in Latin America

By Nicolás Comini*

Donald_Trump_and_Mauricio_Macri_in_the_Oval_Office,_April_27,_2017

U.S. President Trump and Argentine President Macri meet in the Oval Office. / Official White House Photo by Shealah Craighead / Wikimedia / Creative Commons

Criticism of U.S. President Donald Trump’s policies toward Latin America ranges from mild to furious in the region and among many U.S. Latin America watchers, but that anger is not likely to drive greater regional unity and demands for a more balanced relationship.  Trump’s rhetoric – emphasizing sovereignty, nationalism, and protectionism – have long been popular concepts in many countries of the region.  During Latin America’s recent “turn to the left,” for example, political leaders embraced a developmentalist emphasis on using tariffs and non-tariff trade barriers to give domestic industries an advantage in national economic expansion strategies.  But the U.S. President’s statements have generally infuriated not only the left as reflecting bias on an array of issues, such as immigration, but also the right.

  • Trump’s policies contradict the prescriptions that Washington has been advocating – and most conservative politicians have embraced – for Latin America for many years. Those prescriptions have emphasized free trade but touched on other issues as well, such as the shift (symbolic and material) of resources from traditional national defense to the “war on drugs.”  Trump’s “America First” approach undercuts his natural allies in Argentina, Brazil, Mexico, and elsewhere.  It has also given their leftist opponents a sense of legitimization of their anti-Americanism speeches, something that is surging also because of Washington’s new policies toward Cuba.
  • The U.S. summary abandonment of the Trans-Pacific Partnership (TPP), conservatives’ last great hope for deeper trade integration with the United States, left them angry. According to the ECLAC, 73 percent of all FDI in Latin America in 2016 came from the United States (20 percent) and the European Union (53 percent).  Individuals with strong anti-Communist credentials in Colombia, Chile, and Peru are all flirting with joining China’s Regional Comprehensive Economic Partnership (RCEP).

Regional organizations show no sign of providing leadership in how to respond to U.S. policy.  UNASUR is fading rapidly, in part, because it was labeled by the new conservative governments as too Bolivarian and anti-American.  Something similar is happening with the CELAC.  MERCOSUR is struggling, in part, because of the political tumult in Brazil.  Indeed, most governments are trying to remain friends with Washington, prioritizing bilateral agendas in detriment of regional (multilateral) institutions and mechanisms.

The surge in resentment toward Washington – within and among Latin American countries – is unlikely to lead to increased regional unity.  Internally, the left and right may agree that Trump is harming their interests, but their reasons are different and prescriptions for dealing with it are far apart.  On a regional basis as well, the current context accelerates the atomization of the region – and threatens to expand the bargaining power of the great powers of the United States, China, Germany, or Israel.  Although China is making inroads, in the end the United States has, and will retain, the greatest influence in Latin America – and the lack of efficient regional decision-making will prolong that situation.  Latin American fragmentation will create an image of acquiescence – and President Trump will think he is not doing so badly in the region.

October 18, 2017

* 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.