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

By Paulo Castro*

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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.

Summit of the Americas: Awkward Agenda, Dim Prospects

By Eric Hershberg

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Leaders from the hemisphere during the last Summit of the Americas in 2015. / Maria Patricia Leiva / OAS / Flickr / Creative Commons

Preparations for the 8th Summit of the Americas, scheduled for April 13-14 in Lima, face a number of challenges.  Trump Administration measures have upended longstanding assumptions throughout the hemisphere about Washington’s agenda in the region and beyond.  No less distracting is the wave of ongoing corruption scandals in Latin America and impending elections in numerous countries.

  • The three presidential summits attended by President Barack Obama (2009, 2012, and 2015) arguably were shaped by the standing of the United States in the region. Emphasizing “change we can believe in” at his first presidential summit, in Trinidad, Obama pledged that the United States would be a partner rather than an embodiment of hubris.  Leaders across the ideological spectrum applauded.  Yet the second, three years later in Cartagena, was a disaster for Washington, with even friendly heads of state lambasting the President for continuing an unacceptable Cold War line on Cuba and rigid drug control policies.  It was in the wake of this embarrassment that Obama finally moved to change policy toward Cuba.  This watershed, supplemented by advances in other areas overseen by Vice President Biden, made Obama’s third summit, in Panama in 2015 – attended by Cuban President Raúl Castro – a much more positive experience.

This year’s Summit seems unlikely to produce advances – substantive or symbolic – and indeed has the potential both to highlight conflicting agendas and even to provoke widespread ridicule.

  • Under normal circumstances, the partial but damaging reversal of Obama’s Cuba opening would elicit hostility from Latin American leaders, but tensions over Trump’s dramatic departure from traditional U.S. positions on trade and climate, and his caustic posturing on immigration policies that especially impact Mexico and Central America, may overshadow regional bewilderment at Washington’s renewed hostility towards Havana. Latin American countries that Trump jilted at the altar when he summarily withdrew the United States from the Trans-Pacific Partnership (TPP) have begun moving on – negotiating trade deals with China while uniting with Canada and seven Asian countries to form “TPP 2.0.”  That chauvinism and race, not security, are at the heart of Trump’s “Great Wall” proposal is widely understood and resented in Latin America.
  • Trump’s postures and policies are by no means the only strain on the summit agenda. Venezuela’s meltdown and impending elections are of grave concern to virtually all leaders who will attend, whether President Maduro does or not, yet there is no consensus on what to do about the problem and the humanitarian emergency it has spawned.  Questions about the legitimacy of Brazilian President Michel Temer diminish the standing of the hemisphere’s second largest democracy.  Tensions swirling around the Summit’s host – Peruvian President Pedro Pablo Kuczynski (PPK) – are also intense.  PPK is but one of numerous incumbent and recent Latin American presidents under siege by corruption allegations.  Strong evidence of corruption among presidents of Latin American countries big and small will hardly be news to anyone, but the scope of the problem – and the strength of public rejection of it – means many governments will come to the Summit wounded and distracted.

The irony that the theme of this year’s Summit is “Democratic Governance against Corruption” will be lost on no one, as the Lava Jato investigations and lesser inquiries reveal the venality of government after government.  OAS Secretary General Luis Almagro, a co-host of the Summit, has done his fair share to rescue the region from authoritarian and corrupt leaders – challenging both Maduro and the tainted reelection of Honduran President Juan Orlando Hernández – but few others in the hemisphere have lived up to the lofty rhetoric about democracy and anti-corruption at previous summits.  The Peruvian national host is hardly in a position to steer the Summit to take on Trump on matters such as TPP.  If he were not so badly tainted by recent events, he could have represented the globalists in the Americas who are convinced that a misguided America First posture issuing from Washington amounts to a U.S. abdication of leadership on trade, climate, and other pressing matters.  Yet it is now doubtful whether he will be able to say anything more than “Welcome to Peru.”  The smiling faces in the protocol photos will conceal the striking disjuncture between the Summit agenda and its protagonists.

 February 6, 2018

Brazil: Surge in Divisive Politics

By Marcus Vinicius Rossi da Rocha*

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

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

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

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

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

 October 5, 2017

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

Brazil’s Foreign Policy:  A Regressive Path?

By Gilberto M.A. Rodrigues*

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

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

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

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

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

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

September 6, 2017

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

The Brazilian Roller Coaster … Still Heading Down

By Fábio Kerche*

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Rodrigo Maia (center), Speaker of the House of Representatives, gives an interview to the Brazilian press. If President Temer loses the House, Maia may replace him as President.

The political situation in Brazil is dramatic and shows no prospect of improving in the short term.  The Supreme Court has received an indictment against President Michel Temer on corruption charges.  A close adviser of his was caught on video receiving money in a suitcase.  The Chief Prosecutor, who had been playing a minor role in the anti-corruption Car Wash Operation, saw an opportunity to grab the limelight.  Rede Globo, Brazil’s most powerful media group, made Temer’s fall from power seem likely in a matter of days.

  • But Temer did not surrender. As Supreme Court action against a president must be authorized by the House of Representatives, the battle turned to Parliament.  Using means denounced as unethical, such as giving administration positions to people appointed by congressmen, the President won the first round in the committee with jurisdiction over the case.  The next step, in August, will be a full House vote, which could reverse the committee decision.

Regardless of the outcome of House proceedings, political turmoil appears certain to continue – and Temer’s conservative policies will continue to aggravate social divisions.  If Temer loses and the House gives a green light to a Supreme Court investigation, the Constitution foresees that he must be removed from the presidency during the trial (for up to 180 days) – with little chance of regaining the post, according to analysts.  In this scenario, his most likely successor would be Rodrigo Maia, Speaker of the House of Representatives, and a member of a small right-wing party that supported the military dictatorship.  He has little experience in electoral terms; many attribute his victories in legislative elections to the reputation of his father, a former mayor of Rio de Janeiro.  His attempt to run for the executive branch in Rio de Janeiro, a more difficult kind of election than for the Congress, proved to be a huge failure.  He is signaling that he would keep Temer’s conservative economic team and continue an agenda that cuts workers’ rights – proposals that are music to the market’s ears but likely to further rile opponents.

  • An alternative pushed by social movements – a constitutional amendment calling for direct elections right now – would seem to offer a chance for Brazil to break its downward spiral. Protesters show little sign, however, of breaking the roadblocks that the mainstream press has created against the proposal.  The popular mobilizations involve thousands of people but are having little resonance on television, in newspapers, and on websites.  The government, press, and market do not wish to delegate to citizens the right to choose their president, at least not now.

By default, general elections scheduled for October 2018 still appear to be the country’s best hope for putting democracy on track again.  The chance that the elections will end the crisis will be undermined, however, if former President Lula da Silva is barred from running.  Convicted of corruption in a process that many observers claim lacked evidence, the matter is now in the court’s hands.  If the conviction is confirmed, the legitimacy of the elections will be in jeopardy.  Brazil’s political institutions will be further weakened as confidence in election results will plummet –more than in a healthy democracy – and the democratic game itself, as expression of popular rights and will, will be threatened.  There is no hope of improvement in the short term.  The impeachment without a crime of former President Dilma Rousseff continues to take its toll.

July 31, 2017

* Fábio Kerche is a Researcher at Casa de Rui Barbosa Foundation, Rio de Janeiro, and was a CLALS Research Fellow in 2016-2017.

Lula Convicted: End of an Era?

By Anthony W. Pereira*

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Former Brazilian President Luiz Inácio “Lula” da Silva / Jeso Carneiro / Flickr / Creative Commons

Former Brazilian President Luiz Inácio “Lula” da Silva’s conviction last week on corruption charges was more than a legal decision and could mark a political watershed – the beginning of the end of “Lula-ism,” a political and redistributive pact that lasted from 2003 until 2010 which Lula has been offering to revive as a candidate in the 2018 presidential elections.  On July 12, Federal Judge Sergio Moro found Lula guilty of taking a bribe and laundering money, sentenced him to nine years and six months in prison, and banned him from taking public office for seven years.  This judgment, the first to convict an ex-president in Brazil, was the result of the Carwash anti-corruption investigations begun in March 2014.

  • The decision will be appealed to the Federal court for the Fourth Region in Porto Alegre. This court will probably rule on the case before the 2018 filing deadline for presidential candidates (yet to be decided, but usually in mid-August), and is expected to uphold the conviction.  Lula would be legally barred from being a candidate at that point, although he might mount some sort of challenge to such a ruling.  Lula’s strategy for now is to press on with his campaign, to criticize his conviction as political persecution that was not based on evidence, and to portray himself as a man of the people capable of taking on the “elite.”

Lula still has great strengths.  The basis of Lula-ism has been his personal appeal – he captured twice as many voters as did his political party, the Partido dos Trabalhadores (PT), in 2002 and 2006 – boosted by economic forces and public policies that raised the living standards of the poor.  With his finely-tuned ability to communicate to ordinary people, he showed that it was possible to both grow the economy and redistribute its fruits.  His government reduced poverty significantly, offered the poor inclusion in the consumer society and the chance of social mobility, and even achieved a modest reduction in income inequality – while promoting the interests of big companies.

  • But he may not have achieved the long-term realignment his supporters claim. Lula-ism proper only lasted for eight years, the length of his two presidential terms.  His hand-picked successor, Dilma Rousseff, ruled for almost six more years, but by the last year of her first term, poverty had stopped declining.  The current government of President Michel Temer has passed a constitutional amendment freezing federal spending in real terms for 20 years; the measure does not automatically reduce spending on social programs, but in the absence of tax increases that is what it has produced.  Temer’s own bribery scandal may take him down, perhaps within the next couple of weeks, but his policies raise a more fundamental question:  whether Brazil can return to economic redistribution, diminishing the severe inequality that still marks its society, without Lula-ism.

The organs of anti-corruption investigation and control that have challenged Lula, Dilma, and Temer – the media, the Federal Police, the Public Prosecutor’s Office, and the judiciary – are neither consistently politically neutral nor free of corruption themselves.  They are not a Deus ex machina that can free the Brazilian polity of corruption all by themselves.  For that, Brazil needs political reform, further changes in at least some of the rules that regulate elections and governance, a realignment of incentives faced by elected officials, state bureaucrats, business people, trade unions, and the electorate.

  • The PT and the other two most important parties, however, seem incapable of renovation despite leaders’ awareness of the low level of legitimacy with which they are viewed by voters. The PT has few viable new leaders and is clinging to Lula’s candidacy as its only hope of a return to power.  The Brazilian Social Democratic Party (PSDB) still nominally supports Temer.  And Temer’s own party, the Brazilian Democratic Movement Party (PMDB), is torn between defending the president in an act of self-preservation, and fearing the wrath of the voters in 2018.

Brazilians face a “trilemma”: they yearn for the three long hoped-for goals of sustained and successful anti-corruption investigations, political reform, and a return to economic redistribution.  Achieving two of those goals at the same time, let alone three, seems impossible.  The 2018 elections therefore will reveal a country in which anti-corruption investigations continue to knock major figures out of the political game, while political reform and economic redistribution are postponed.  The old cliché that Brazil is the country of the future takes on a new meaning in light of this somber possibility.

July 17, 2017

*Anthony W. Pereira is a Professor and Director of the Brazil Institute at King’s College London.

Macri in the Next 100 Days

By Nicolás Comini*

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Argentine President Mauricio Macri. / Casa de América / Flickr / Creative Commons

Everybody seems to love President Mauricio Macri outside Argentina – it’s not hard to understand why – but he faces tough challenges at home.  Foreign supporters have plenty of reasons to believe in him.  First, he is not Cristina Fernández de Kirchner, the former president whom they branded a populist too close to Venezuela, Bolivia, or Ecuador.  Like many conservatives inside Argentina itself, they see Macri as the person who avoided the “Venezuelization” of the country, and his market-friendly credentials were sealed through his campaign promise of a “rain of investment” and his government’s implementation of a package of measures aimed at financial liberalization, regulatory flexibility, liberalization of foreign trade, and stronger fiscal discipline.  He has been less confrontational in diplomacy.  “Return to the world,” “de-ideologization,” “pragmatism,” and “transparency” are the continuous slogans that draw the foreign accolades.

Things look different at home, however.  The federal government confronts a convoluted scenario in the next 100 days, during which it will face at least three sets of sensitive issues in the run-up to Legislative primaries in August and elections in October.

  • Domestic issues. The government will have to deal with a hostile internal front.  One challenge will be resolving a long-running pay dispute with teacher unions – especially in the province of Buenos Aires.  Another is quelling complaints about steep increases in the costs of government services and deep slashes in funding for Science and Technology, Culture, Human Rights, Health, Production, and Energy.  Macri’s failure to meet inflation reduction targets (prices rose by 40 percent in 2016); the need to stimulate the economy; and debates on tax reform are a daunting agenda.
  • Controversy over human rights and immigration. One of the Achilles’ heels of the current administration is the imprisonment of social activist Milagro Sala in the northwestern province of Jujuy.  An ally of former President Fernández de Kirchner, Sala was arrested in January 2016 – one month after Macri took office – on highly contested charges: initially of “instigate criminal activity disorder” and later of “illicit association, fraud, and extortion.”  Pope Francis, Canadian Prime Minister Trudeau, and UN officials have expressed concern, fueling tensions inside Argentina.  An immigration reform decree facilitating deportations and restricting access at border crossings has been rejected by social movements, international organizations, and much of the Argentine political opposition.  The repudiation is not only felt in the formal political arena but also on the streets.
  • External dynamics with internal consequences. Brazil’s Lava Jato scandal is splashing as much onto Macri’s government as his predecessor’s.  Officials from both administrations are being accused of receiving bribes from Odebrecht, the largest Brazilian construction company, and no one knows how this process will develop hereafter.  Congresswoman and Macri ally Elisa Carrió claims the whole political elite is complicit in the Odebrecht mess.  The “Panama Papers” – leaked from the law firm Mossack Fonseca, which allegedly was involved in helping companies hide bribes paid to a number of South American leaders – has so far not touched Macri, whose family has links to firms cited in the documents.

The August primaries, followed by full legislative elections in October, are a potential inflection point for both Macri and his opponents.  Neither side has yet announced its slate of candidates, but one essential factor is already clear: the candidacy (or not) of Cristina Fernández de Kirchner.  The primary election will define how the pieces of the political chessboard are placed, and Macri’s handling of his economic, political, and social challenges will be decisive.  Achievement of his reform agenda – including the overhauling the National Institute of Statistics and Census (INDEC, accused of cooking data during previous governments), an ambitious “Plan Belgrano” infrastructure program, and the end of currency controls – may not be enough.  The potential reunification of his key Peronist opponents, increased social unrest, splits in his own coalition, and the spillover from the Brazilian crisis suggest a sobering future.  True love cannot be achieved from one day to the next, but in the domestic political arena it is simple to lose it suddenly.

June 8, 2017

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

Brazil: The Day after Temer

By Marcio Cunha Filho*

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Demonstrators in São Paulo demanded the resignation of Brazilian President Temer on May 17, 2017. / Mídia NINJA / Flickr / Creative Commons

Brazil’s political turmoil has reached new heights with the leaking of audio recordings of President Temer allegedly authorizing bribes to prevent the former Speaker of the House, Eduardo Cunha, from concluding a plea bargain arrangement with investigators.  Although the recordings were inconclusive and Temer alleges that they were fabricated, their emergence was enough to push an already fragile government to the verge of collapse in less than 24 hours.  The day after the leak, according to press reports, four of Temer’s ministers were already discussing his replacement at a closed meeting with current Speaker of the House Rodrigo Maia, who is the next in line for succession. Some parties, such as the PPS, have already left Temer’s coalition. The PSDB, Brazil’s largest center-right party and Temer’s main coalition partner, is also discussing a possible withdrawal from government.  (The party’s former President and one of Temer’s closest allies, Senator Aécio Neves, was removed from office by a Supreme Court decision as part of Operation Car Wash.  (See here and here for previous articles about the Lava Jato investigations.)

  • Temer has denied the possibility of resigning, but there are a few ways he could be forcefully removed from office. Most observers argue that, however he departs, the Constitution would require his successor to be indirectly elected by Congress within 30 days.  Others posit, however, that if the Superior Electoral Court condemns Dilma and Temer together for illicit funding in the 2014 Presidential campaign – the trial is in early June and is likely to be the fastest possible way to remove Temer – then the electoral code dictates that new direct popular elections be held (as long as annulment is not declared within the last six months of their term, which ends in December 2018).
  • Key political actors seem to be favoring the scenario in which Congress indirectly elects the successor. Although very fragmented, the Brazilian Congress is mostly conservative or right-leaning, and many of its members fear that former President Luis Inácio Lula da Silva, who polls currently indicate would easily defeat any other candidate, might be elected in a popular election.

In this context, indirect election would put Brazil’s political system on the very edge of legality.  During a similar crisis in 1964, Congress’s ousted left-wing acting Vice President João Goulart and elected another itself, without popular approval, in an act almost universally seen today as illegal.  That act ended up throwing Brazil into a violent military dictatorship that lasted for more than two decades.  In the current political crisis, if Congress were to act against the current rules of the electoral code and without popular approval, this could again be another step towards the establishment of an illegal regime, which could further curtail accountability and democratic mechanisms in the country.  Placing the destiny of the country in the hands of a Congress, with many of its members under investigation themselves, might be a mistake with profound consequences.  Popular elections would also entail great uncertainty as well, but the uncertainty of elections is an inherent element of democratic systems.  When political actors try to limit or manipulate electoral outcomes in the name of predictability or security, this is when democracy dies.

May 19, 2017

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

Can the 2018 Election Overcome Brazil’s Crisis of Legitimacy?

By Fabio Kerche*

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The Brazilian flag. / Club Med UK / Flickr / Creative Commons

The political and economic crisis punctuated by the impeachment of Brazilian President Dilma Rousseff in 2016 persists unabated under the troubled administration of Michel Temer.  Stagnation is fueling unemployment, and the government’s efforts to rein in pensions and limit public spending are reinforcing the perception that the principal objective of those who ousted Dilma is to cut back on social rights promised in the 1988 Constitution and deepened by Dilma and her predecessor, Luiz Inácio Lula da Silva.  Even more ominously, the continuing cascade of corruption allegations is also undermining support for the new government.

  • Surveys show that only 10 percent of Brazilians rate the Temer government as “good” or “great,” and that its legitimacy is further undermined by whistleblowers alleging that the president and nine of his ministers are corrupt.

The notorious “Car Wash” anti-corruption campaign is hurting more than Temer and his men.  Zealous prosecutors and judges are essentially criminalizing not only politicians’ behavior but, through aggressive interpretations of the law, the practice of politics itself.  The targeting of Dilma’s leftist PT is most obvious, but the deluge of charges is now buffeting all the major political parties.  Leaders of the center-right PSDB, including former President Fernando Henrique Cardoso, have been accused of corruption as well.  Except for some miniscule political parties, virtually the entire political system now faces corruption charges.

The 2018 presidential election offers the most plausible avenue for emerging from the crisis, but even that remains highly problematic.  There is a relative consensus among the political class and political analysts that a new, legitimate, and directly elected president could reverse, or at least limit, the deterioration of the political system.  With just over a year remaining for candidates to register, the likely roster is very uncertain, in part because a basic feature of constitutional democracy – that citizens are allowed to compete for office – is increasingly in jeopardy amid the current anti-corruption fever.  Early polls place Lula as the strongest among the likely candidates, and he remains in first place even when surveys include Sérgio Moro, the most important judge in the Car Wash saga, who has not declared himself to be in the running.  But it is unclear whether the courts will let Lula stand for office.  Right-wing media are hammering Lula’s alleged corrupt practices while downplaying those of Temer and his cabinet.  Potential candidates of PSDB have been denounced for receiving bribes and having overseas bank accounts, and their numbers are shrinking in the polls.  An alternative now being floated as a potential PSDB candidate is João Dória, the newly elected mayor of São Paulo who, like U.S. President Donald Trump, is a non-mainstream politician and businessman who formerly hosted the Brazilian version of the TV show The Apprentice.)

  •  This uncertainty – even if the parties resist the continuing wave of Car Wash denunciations and take back some political space from the unelected judicial branch of government – raises the question whether, over the next 18 months, Brazil’s 32 year-old democracy proves itself to be irreversible or to have been an all too brief interlude in the country’s political history. The apparent appeal of outsiders in an environment that is criminalizing politics is a worrisome sign.

April 24, 2017

* Fabio Kerche is Research Fellow at CLALS and Researcher at Casa de Rui Barbosa Foundation, Rio de Janeiro.

2017: Happy New Year in Latin America?

By Eric Hershberg and Fulton Armstrong

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Brazilian President Michel Temer surrounded by members of his party in mid-2016. His government will continue to face questions of legitimacy in 2017. / Valter Campanato / Agência Brasil / Wikimedia / Creative Commons

The year 2016 laid down a series of challenges for Latin America in the new year – not the least of which will be adapting to a radically different administration in Washington.  Last year saw some important achievements, including an elusive peace agreement in Colombia ending the region’s oldest insurgency.  Several countries shifted politically, eroding the “pink tide” that affected much of the region over the past decade or so, but the durability and legitimacy of the ensuing administrations will hinge on their capacity to achieve policy successes that improve the well-being of the citizenry.  The legitimacy of Brazil’s change of government remains highly contested.  Except in Venezuela, where President Maduro clung to power by an ever-fraying thread, the left-leaning ALBA countries remained largely stable, but the hollowing out of democratic institutions in those settings is a cause for legitimate concern.  Across Latin America and the Caribbean, internal challenges, uncertainties in the world economy, and potentially large shifts in U.S. policy make straight-line predictions for 2017 risky.

  • Latin America’s two largest countries are in a tailspin. The full impact of Brazil’s political and economic crises has yet to be fully felt in and outside the country.  President Dilma’s impeachment and continuing revelations of corruption among the new ruling party and its allies have left the continent’s biggest country badly damaged, with profound implications that extend well beyond its borders.  Mexican President Peña Nieto saw his authority steadily diminish throughout the course of the past year, unable to deal with (and by some accounts complicit in) the most fundamental issues of violence, such as the disappearance of 43 students in 2014.  The reform agenda he promised has fizzled, and looking ahead he faces a long period as a lame duck – elections are not scheduled until mid-2018.
  • The “Northern Triangle” of Central America lurches from crisis to crisis. As violence and crime tears his country apart, Honduran President Hernández has devoted his energies to legalizing his efforts to gain a second term as president.  Guatemala’s successful experiment channeling international expertise into strengthening its judicial system’s ability to investigate and prosecute corrupt officials is threatened by a weakening of political resolve to make it work, as elites push back while civil society has lost the momentum that enabled it to bring down the government of President Pérez Molina in 2015.  El Salvador, which has witnessed modest strides forward in dealing with its profound corruption problems, remains wracked with violence, plagued by economic stagnation, and bereft of decisive leadership.
  • Venezuela stands alone in the depth of its regime-threatening crisis, from which the path back to stability and prosperity is neither apparent nor likely. The election of right-leaning governments in Argentina (in late 2015) and Peru (in mid-2016) – with Presidents Macri and Kuczynski – has given rise to expectations of reforms and prosperity, but it’s unclear whether their policies will deliver the sort of change people sought.  Bolivian President Morales, Ecuadoran President Correa, and Nicaraguan President Ortega have satisfied some important popular needs, but they have arrayed the levers of power to thwart opposition challenges and weakened democratic institutional mechanisms.
  • As Cuban President Raúl Castro begins his final year in office next month, the credibility of his government and his successors – who still remain largely in the shadows – will depend in part on whether the party’s hesitant, partial economic reforms manage to overcome persistent stagnation and dissuade the country’s most promising professionals from leaving the island. Haiti’s President-elect Jovenel Moise will take office on February 7 after winning a convincing 55 percent of the vote, but there’s no indication he will be any different from his ineffective predecessors.

However voluble the region’s internal challenges – and how uncertain external demand for Latin American commodities and the interest rates applied to Latin American debt – the policies of incoming U.S. President Donald Trump introduce the greatest unknown variables into any scenarios for 2017.  In the last couple years, President Obama began fulfilling his promise at the 2009 Summit of the Americas in Trinidad and Tobago to “be there as a friend and partner” and seek “engagement … that is based on mutual respect and equality.”  His opening to Cuba was an eloquent expression of the U.S. disposition to update its policies toward the whole region, even while it was not always reflected in its approach to political dynamics in specific Latin American countries.

 Trump’s rhetoric, in contrast, has already undermined efforts to rebuild the image of the United States and convince Latin Americans of the sincerity of Washington’s desire for partnership.  His rejection of the Trans-Pacific Partnership – more categorical than losing candidate Hillary Clinton’s cautious words of skepticism about the accord – has already closed one possible path toward deepened ties with some of the region’s leading, market-oriented economies.  His threat to deport millions of undocumented migrants back to Mexico and Central America, where there is undoubtedly no capacity to handle a large number of returnees, has struck fear in the hearts of vulnerable communities and governments.  The region has survived previous periods of U.S. neglect and aggression in the past, and its strengthened ties with Asia and Europe will help cushion any impacts of shifts in U.S. engagement.  But the now-threatened vision of cooperation has arguably helped drive change of benefit to all.  Insofar as Washington changes gears and Latin Americans throw up their hands in dismay, the region will be thrust into the dilemma of trying to adjust yet again or to set off on its own course as ALBA and others have long espoused.

 January 4, 2017