Brazil: Corruption of Anti-Corruption

By Fábio Kerche*

Moro, Bolsonaro, and Paraná governor Ratinho Júnior seated during a visit to the Integrated Center of Intelligence and Public Security of the Southern Region in May 2019.

Moro, Bolsonaro, and Paraná governor Ratinho Júnior during a visit to the Integrated Center of Intelligence and Public Security of the Southern Region in May 2019/ Marcus Correa/ Wikimedia Commons

New revelations about the political objectives and operational decisions of Brazil’s Lava Jato anti-corruption investigators have dealt a blow to their credibility and to the legitimacy of President Jair Bolsonaro’s election. The “Car Wash” Operation began in 2014, with prosecutors and Judge Sérgio Moro leading what was seen as a crusade against corruption and in the process becoming heroes for significant portions of society. It started with an investigation into Petrobras, the biggest state-owned company, and spread across several sectors of the economy. Although the activities of several political parties came under scrutiny, the left-wing Workers’ Party (Partido dos Trabalhadores – PT) suffered the most. President Dilma Rousseff was impeached and removed from office, and President Lula da Silva was arrested – opening the path for Bolsonaro, a far-right politician with an undistinguished political biography, to win the 2018 election.

  • Bolsonaro appointed Lava Jato judge Moro as his Minister of Justice – a move cited by some observers as evidence of the new President’s commitment to fight corruption. Others, however, were concerned that Moro’s acceptance of the job confirmed long-held suspicions, based on his own statements against Lula, that the lawsuit against the former president was a political farce to get him out of the race. Critics said the new job was Moro’s reward for putting Lula, who was leading in all polls during the campaign, behind bars. Some political analysts and journalists even speculated that Moro would run for President in 2022.

The Intercept, a news website co-founded by Pulitzer-winning U.S. journalist Glenn Greenwald, has published internal messages between Moro and Lava Jato prosecutors that confirm they had a political agenda. The communications confirm several violations of the law and ethics.

  • According to Brazilian law, prosecutors and judges cannot exchange information about cases outside of court, particularly in a secret way. Judges, according to the legislation, should listen to the prosecution and the defendant’s attorney in an equitable way. A judge exchanging messages by Telegram with a prosecutor about a lawsuit is illegal.
  • Moro took a firm hand in directing the prosecution team – another violation of LOMAN (Organic Law of the Judiciary). The Intercept has so far released only 1 percent of the conversations, but the information already shows that Moro criticized members of the team, gave others tips on how to proceed, asked for new police operations, recommended press strategies, steered investigators away from looking at possible wrongdoing by former President Cardoso, and undertook other initiatives. Lula’s defense did not have the same “opportunity”: the judicial balance weighed heavily on the prosecution side.

Moro has not been dismissed in the wake of these revelations, and the charges against Lula have not been cancelled – as would have happened in a less turbulent political environment. But there are clear signs that Moro has been losing support in Brazilian society. Even the news media who transformed him into a hero now criticize how he handled Lula’s case, and persons who supported Lula’s arrest now affirm that the former president should be released. The Brazilian Bar Association and some Judges Associations are openly criticizing Moro. Talk of Moro getting a seat in the Supreme Court or running for president in 2022 has evaporated.

Moro and his cohorts’ crusade against the alleged corruption of PT leaders whose politics or style they didn’t like amounts to use of the Judicial System to interfere in politics – if not criminalize what, in many ways, are normal political activities. The apparently illegal alliance between Moro and prosecutors seems to leave little doubt that Lula was convicted in an unfair trial based more on biased opinions rather than objective evidence. His supporters’ claim that he is a political prisoner increasingly makes sense. The Brazilian judicial system is supposed to give every citizen a fair and balanced trial. Although annulling Bolsonaro’s election seems impossible, the fact has been established that Moro was able to interfere in the electoral process by removing the leading candidate from the presidential race. The judicial fraud that marred the 2018 election has dealt yet another blow to Brazilian democracy.

June 28, 2019

* Fábio Kerche is a Researcher at Casa de Rui Barbosa Foundation and Professor at UNIRIO and IESP/UERJ in Rio de Janeiro. He was a CLALS Research Fellow in 2016-2017.

Brazil: Bolsonaro Targeting Political Participation

By Paulo Castro*

President Jair Bolsonaro of Brazil looking pensive

Jair Bolsonaro / Fabio Rodrigues Pozzebom – Agência Brasil / https://flickr.com/photos/129729681@N06/35164638165/ Wikimedia Commons

Brazilian President Jair Bolsonaro – unwilling or unable to engage in the coalition-building necessary to pass legislation – has focused an important part of his first 100 days in office on social policies that he can dominate with executive power while reducing citizen participation in policy formation. Elected in one of the most polarized elections in Brazilian history, Bolsonaro ran a campaign focused on fighting corruption and implementing a market-oriented economic agenda that would lead to GDP growth, with pension reform as its main pillar. His first months have been far from a “honeymoon” with Congress; a wide array of problems add up to a legislative inertia as seldom seen in contemporary Brazil.

  • Lacking a strong base in the House and Senate – and facing dissidence even within his own Partido Social Liberal – Bolsonaro has relied on the risky strategy of ignoring the nature of the Brazilian political system, which includes building support for his agenda in Congress, and is focusing instead on attacking adversaries and what he calls the “ideological agenda” of the Workers Party (PT). Meanwhile, key ministries have yet to announce even general policy goals. The Ministry of Education, which has the second largest budget in the federal government and is responsible for one of the most deficient areas of the country, has been largely silent even though reform of the early education system was one of Bolsonaro’s main campaign promises. The President has issued executive measures, such as the bureaucracy reduction decree this week to help business owners and start-ups, but has introduced no relevant legislative agenda.

Shifting social issues is the one area in which the government is running at full throttle. Social accountability, gender equality, and broader human rights initiatives have experienced budget cuts. Because many PT-era policies were implemented by presidential decree or ministerial order, the Bolsonaro administration can cancel or alter them without Legislative Branch approval. (Many changes in the economic area require amending the Constitution, with a three-fifths majority of both houses of Congress.) Far from the prying eyes of the press and markets, small changes in the government processes threaten to increase the country’s democratic deficit.

  • An executive order signed by Bolsonaro abolished more than 600 civil society participation councils that promoted transparency and accountability by bringing civil society into policy discussions. Bolsonaro has eliminated the National Environment Council, the National Council of People with Disabilities, National Council for the Promotion of LGBT Rights, National Commission for the Eradication of Slave Labor, and National Commission for the Eradication of Child Labor, among others. The Ministry of Women, Family and Human Rights, headed by conservative religious leader Damares Alves, has announced it will limit the number of requests analyzed by its Amnesty Committee, created in 2002 to promote remedial actions for victims of the military dictatorship in Brazil.
  • On the environmental front, conflict between farmers and indigenous people has escalated since Bolsonaro limited the powers of the Fundação Nacional do Índio (FUNAI). Along with the National Forest Service, he transferred FUNAIS’s responsibility for the demarcation of new indigenous lands to the Ministry of Agriculture, which is headed by Congresswoman Tereza Cristina, a former leader in agribusiness.

Bolsonaro is trying to appear confident, but the consequences of his inaction on big-picture items such as pension reform – which will affect economic performance and public perceptions of his effectiveness – will reach a point at which his emphasis on social, cultural, and symbolic matters will not be sufficient to maintain his position. By deinstitutionalizing democratic participation on these important social issues, Bolsonaro is further reducing the country’s ability to take up tough issues, such as the priority reforms awaiting Executive and Legislative Branch attention. When it comes to education and health policies, civil society organizations and union representatives have important roles in mobilizing the interests of beneficiaries. While it is natural that opposing governments have opposing political views, Bolsonaro’s actions don’t only reflect policy shifts; they amount to a substantive reduction in accountability and government responsiveness, closing important doors that enable citizens to influence public policy and make political processes more inclusive.

May 3, 2019

* Paulo Castro is Ph.D. Candidate in Political Science at the University of Brasilia and professor at the Brasilia Institute for Public Law. He has worked as an advisor and analyst in the Ministry of Justice and private sector organizations. He was a CLALS Research Fellow.

Brazil: Far-Right Foreign Policy Ahead?

By Gilberto M. A. Rodrigues*

John Bolton and Jair Bolsonaro

U.S. National Security Advisor John Bolton (left) and Brazilian President-elect Jair Bolsonaro (right). / Prensa Latina / Creative Commons

Brazilian President-elect Jair Bolsonaro appears to be moving ahead with promises to steer the country’s foreign policy in the direction of his own far-right ideology.  He has accused the Workers’ Party (PT) of former President Lula da Silva (2003-10) and Dilma Rousseff (2011-16) of pursuing a foreign policy with a partisan left-wing ideology, and now he wants to “liberate” Itamaraty, the Ministry of Foreign Affairs, from what he considers an inappropriate ideological bias.

  • Bolsonaro says that President Trump is his inspiration, his “model” of leadership, and he has made policy coordination with Washington a priority. After a congratulations call to Bolsonaro, Trump tweeted that he and the president-elect “agreed that Brazil and the United States will work closely together on Trade, Military and everything else!  Excellent call, wished him congrats!”  Bolsonaro met last week with Trump’s National Security Adviser, John Bolton, to discuss joint efforts to achieve regime change in Cuba and Venezuela, among other topics.
  • Even before that, Bolsonaro had ramped up his already strong rhetoric against Venezuelan President Nicolás Maduro and reversed a long-standing policy of cooperation with Cuba, taking aim first at the 8,300 Cuban doctors in Brazil’s Mais Medicos. “We can’t allow Cuban slaves in Brazil,” he said, “And we can’t keep feeding the Cuban dictatorship.”  Havana began withdrawing the doctors before Bolsonaro could expel them.
  • Bolsonaro has barely mentioned UNASUR and is downplaying relations with Argentina, Brazil’s main strategic partner in the region, while emphasizing relations with what he calls “developed nations.” In addition to the United States, he is focused on Italy, Hungary – due to leaders’ far-right political affinities – and Israel.  The evangelical political forces who backed his election are pressing him to move the Brazilian embassy from Tel Aviv to Jerusalem, respecting “a sovereign decision of Israel.”  The Trump administration will warmly welcome the move, but Bolsonaro will face a potentially significant loss of trade among Middle Eastern and Asian partners.  The president-elect has yet to show his hand on China – Brazil’s main trading partner – and the other BRICS countries.  The Trump administration’s increasingly tough criticism of China’s activities in Latin America may temper the new government’s enthusiasm for closer ties with Beijing.

Bolsonaro has taken positions that set him at odds with the rest of the hemisphere.  He has denied the excesses of Brazil’s past dictatorship, advocated the use of torture against criminals whom he classifies as “terrorists,” used aggressive rhetoric against minorities (LGBTI, women, indigenous peoples, Afro-Brazilian Quilombolas, and migrants), and promised to reduce certain social rights.  Brazil’s diplomatic capital as a leader on environment and climate change is also at risk due to his domestic priority to promote agricultural business and the need to preserve “total” sovereignty over the Amazon Basin at the expense of protecting the rainforest.  He has cancelled Brazil’s commitment to host crucial UN climate change talks (COP25) in 2019, a deal negotiated by the government of President Temer just months ago.

Bolsonaro’s choice of his new foreign minister may be emblematic of his approach to international relations.  He met his commitment to choose a career diplomat, but his choice was Ernesto Araújo, an unknown who was recently promoted without ambassadorial experience who is a self-declared anti-globalist, anti-communist, and Trump’s enthusiastic “intellectual disciple.”  This appointment violates the tradition, observed even during the military governments, of selecting senior, skillful, and experienced ambassadors not directly linked to any ideological trend.  Further questions are raised by the military’s influence in the cabinet.  Two retired generals, Vice President Hamilton Mourão and the future head of Institutional Security Cabinet, Augusto Heleno, are expected to be the president’s right-hand men.  They and an empowered Ministry of Defense certainly will exercise huge influence in promoting a military vision of foreign policy in addressing issues such as borders policy and the Venezuela crisis, and could become a “second track” on Brazil’s foreign policy.

December 4, 2018

* 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.

Brazil: The WhatsApp President

By Barbara dos Santos*

Bolsonaro social medis

Graphics from Brazilian presidential candidate Jair Bolsonaro’s social media detailing his followers on Facebook (left) and Twitter (right). / Twitter: @jairbolsonaro / Creative Commons

If polls predicting a landslide victory for Jair Bolsonaro in Sunday’s runoff election are correct, Brazil on January 1 will inaugurate its first president to win by virtue of his superior social media prowess rather than the strong party bases that propelled his predecessors.  He gained strong support from different sectors of Brazilian society by delivering – legally and potentially illegally – the message his supporters wanted to hear directly to their personal electronic devices, without the validation and transparency of traditional media.  The receptivity of his young supporter base compensated for the low amount of TV time allotted to him under Brazilian law.

  • WhatsApp has around 120 million users in Brazil, around 60 percent of the population, for a wide array of personal and commercial communication needs. The polling firm Datafolha found that two-thirds of Brazilian voters use WhatsApp, and that of them a majority (61 percent) are Bolsonaro supporters likely to follow political news on the service – compared to 38 percent of the backers of his opponent, Fernando Haddad.
  • The platform is perfect for manipulation of information. Messages are encrypted and are therefore beyond the domain of electoral authorities, independent fact-checkers, or even WhatsApp managers.  Real and fake news spread like wildfire.  Agência Lupa, a fact-checker service, has found that only 50 of the most shared pictures in 347 WhatsApp groups were factually correct.  During the weekend of October 6-7, the company found that 12 of the fake news items it evaluated were shared 1.2 million times.  The Federal Electoral Court (TSE), which created a consultative council earlier this year to tackle online misinformation, has been slow to respond to the threat – perhaps out of fear it would be accused of limiting free speech.

Bolsonaro’s campaign also used Facebook effectively even after it twice shut down pages carrying content of his deemed to be fake – 197 pages and 87 accounts in July, and 68 pages and 43 accounts two weeks ago.  Many of the pages portrayed Haddad as a Communist whose Workers Party would turn Brazil into another Cuba and convert children to homosexuality.  One attack – alleging that Haddad would distribute “gay kits” to expose schoolchildren to homosexuality – was so blatant that the TSE ordered Bolsonaro’s campaign to stop it.

  • Haddad’s presence on Facebook (1.5 million followers) is minuscule compared to Bolsonaro’s (7.8 million). Some of Haddad’s followers used social media to spread rumors that Bolsonaro staged his near-fatal stabbing at a rally last month; social media have not shut down any of Haddad’s pages or accounts.

Bolsonaro’s social media campaign has also allegedly been tainted by illegal funding.  Folha de São Paulo, one of Brazil’s biggest newspapers, last week reported that wealthy businesspersons spent US$3.2 million on a WhatsApp fake news operation.  If true, they broke electoral laws barring undeclared corporate campaign donations and the purchase of contact lists from a third party.  Speaking on Facebook Live, Bolsonaro said Folha had no evidence, adding in an interview later that he has no control over the businesspersons anyway.

Fake news in elections – in the traditional or social media – is not a new phenomenon, but its wildfire impact has caught many in Brazil by surprise.  The mere speed that disinformation travels makes it nearly impossible for Brazilian authorities to curb its spread, and self-policing by social media platforms also seems an implausible solution given their benefit from the high traffic fake news drives.  Bolsonaro and his campaign team realized this earlier and embraced it more aggressively than Haddad, who did not enter the race until September 11, ever did.  Haddad was busy trying to simultaneously convince Lula’s supporters to vote for him and others that he was not Lula’s puppet, while Bolsonaro’s message was reaching tens of millions of Brazilians with smartphones.  The likely president’s expertise in using social media (legally or not) has clearly boosted his campaign, but governing by WhatsApp, Facebook, or Twitter remains an untested proposition.  It seems that Bolsonaro may also follow U.S. President Donald Trump’s playbook into government.  Crushing his opposition under a barrage of half-truths and lies does not bode well for democratic governance.

October 26, 2018

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

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.

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: 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.”

Brazil: Surge in Divisive Politics

By Marcus Vinicius Rossi da Rocha*

Two politicians debate

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.