Brazil Faces a New Corruption Scandal
By SIMON ROMERO
Published: November 30, 2012
SÃO PAULO, Brazil — Even as President Dilma Rousseff of Brazil has moved energetically to stamp out corruption in her government, a new scandal is surging to the fore, centered on charges of influence peddling by an aide to the popular former president, Luiz Inácio Lula da Silva.
Related
· Convictions in Brazil End High-Profile Corruption Trial (November 29, 2012)
The latest revelations have put the governing Workers Party on the defensive yet again, as investigators expose a bribery scheme across several high echelons of government.
The scheme largely involved selling falsified public documents needed for transportation projects, and it extended into the attorney general’s office, the Education Ministry and the regulatory agencies for civil aviation and ports, according to the federal police, which carried out raids of government offices here in São Paulo and in the capital, Brasília, in recent days.
The breadth of the scandal is rocking governing institutions just as the groundbreaking trial of defendants in another scandal, a vote-buying scheme involving Mr. da Silva’s former chief of staff, winds down. The newest scandal was not as vast as the cash-for-votes conspiracy — called the mensalão, or “big monthly allowance,” in a reference to the regular bribes received by legislators — that went to trial. But it points to how corruption remains ingrained in Brazil’s political system.
“Perhaps the mensalão wasn’t the watershed that was celebrated, but rather a partial game-changer,” said David Fleischer, emeritus professor of political science at the University of Brasília.
Like the mensalão, this month’s scandal already has a catchy moniker, with political journalists dubbing it “Rosegate,” a riff on Watergate and the condensed name of Rosemary Nóvoa de Noronha, the former head of the presidential office here in São Paulo, who has emerged at the center of attention.
Mr. da Silva named Ms. Nóvoa de Noronha in 2003 to lead his office here, and his successor, Ms. Rousseff, kept her in that position until she was dismissed last Saturday. She is facing charges of influence peddling. Several other senior officials have been forced from their posts, including the No. 2 official in the attorney general’s office, José Weber Holanda Alves.
Throughout the years, Ms. Nóvoa de Noronha gained prominence in government circles thanks to her proximity to Mr. da Silva and her scheduling of his meetings in São Paulo, Brazil’s financial capital and his home before rising to the presidency. She obtained a diplomatic passport and accompanied him on trips to 23 countries from 2007 to 2010.
Investigators say she also assisted Paulo Vieira, a regulatory official who organized the false-documents scheme, by arranging meetings for him. In return, they say she received cruise-ship voyages, plastic surgery, money and legal advice for a divorce. She also obtained strategic-level postings for at least two officials in the scheme, including Mr. Vieira, in addition to well-paid public jobs for her daughter and husband.
Senior figures in the Workers Party have said it would be wrong to associate Mr. da Silva with Ms. Nóvoa de Noronha. José Chrispiniano, a spokesman here for Mr. da Silva, declined to comment on the matter, saying that nothing was found linking the former president to the investigation.
Brazil’s congressional cash-for-votes corruption trial ends with last 3 defendants sentenced
Nov 28, 2012 11:22 PM EST
AP Published: November 28
SAO PAULO — Brazil’s Supreme court on Wednesday sentenced the last three of 25 defendants convicted on charges involving a congressional cash-for-votes scheme, bringing to an end a high-profile corruption trial that has riveted Latin America’s largest country for nearly four months.
The court sentenced a former congressman, a former leader of the governing Workers’ Party and a former treasurer of the Brazilian Labor Party on charges of money laundering, embezzlement and passive corruption.
Police in India detained two people recently: one for writing a Facebook post, the other for "liking" it.
The alleged corruption dates back to the government of Brazil’s hugely popular former President Luiz Inacio Lula da Silva, who was not charged. After two 4-year terms, Silva left office Jan. 1, 2011, with an 87 percent approval rating in opinion polls and remains a powerful political force in Brazil
Earlier this month the court convicted Silva’s once powerful former chief of staff, Jose Dirceu of racketeering and of leading the vote-buying scheme in Congress. He was sentenced to 10 years and 10 months in prison. Dirceu, who was once considered a likely presidential candidate, resigned his post when the scandal broke in 2005.
Known in Brazil as the “mensalao,” or big monthly allowance, for the sums of up to $10,000 handed over to politicians, the corruption scandal is considered the biggest in Brazil’s history and may “tarnish the image and legacy” of Silva, said David Fleischer, a political scientist at the University of Brasilia.
He said the trial could become a turning point toward cleaner governance in Brazil where corruption and impunity have long marred public service.
“The trial represents a game change,” Fleischer said by telephone. “It points not to the total elimination of impunity and the immunity enjoyed by congressmen, but to their substantial weakening.”
Gil Castelo Branco, secretary general of the Brasilia-based nonprofit watchdog group Contas Abertas (Open Accounts), which advocates for transparency in government, agreed.
“Impunity is one of the factors that feeds corruption in Brazil. A corruptor is a gambler who will think twice before corrupting someone when he realizes that crime does not pay,” Castelo Branco said. “The Supreme Court’s handling of the mensalao is encouraging because it makes it clear that authorities who commit illicit acts will also go to jail — something we have seldom, if ever, seen in Brazil.”
“The trial was a watershed that will hopefully lead to a less corrupt Brazil,” he added. “The conviction of several important people has sent a clear signal that things are beginning to change, that Brazilians are fed up with corruption.”
The Supreme Court must still determine if it can order the expulsion from the national legislature’s Chamber of Deputies of the three congressmen convicted during the trial, or if that decision is up to the legislative branch.
Another issue the court must decide is if those convicted must start serving time immediately or if they can remain free pending appeals.
Alle sbarre Dirceu, braccio destro di Lula
Condannato a 11 anni l'uomo forte
del primo governo di sinistra della storia in Brasile
del primo governo di sinistra della storia in Brasile
Josè Dirceu
RIO DE JANEIRO - E' stato l'uomo forte del primo governo di sinistra della storia in Brasile, il braccio destro di Lula, il compagno di una vita dell'ex operaio poi diventato un leader mondiale. José Dirceu, 66 anni, primo ministro tra il 2003 e il 2005, è stato condannato lunedì a quasi 11 anni di prigione per lo scandalo di compravendita di voti parlamentari che quasi travolse Lula. La condanna è assai dura e probabilmente Dirceu trascorrerà almeno una parte della pena in un carcere comune, a partire dal prossimo anno. Sentenza esemplare, e non solo per un Paese sudamericano a lungo considerato sinonimo di impunità nella politica.
L'OPPOSITORE - Dirceu è stato un giovane oppositore negli anni della dittatura militare, militanza pagata con il carcere e l'esilio. Ha fondato poi il Pt (Partito dei Lavoratori) insieme a Lula. Ma la Corte Suprema brasiliana non ha avuto riguardi: la sentenza parla di corruzione attiva e associazione a delinquere, e senza attenuanti per evitare il carcere. La vicenda risale agli anni del primo governo Lula, quando Dirceu era il ministro della Casa Civil, coordinatore dell'esecutivo, il “capitano della mia squadra”, lo definiva il presidente. Poiché il partito di Lula non aveva la maggioranza in Parlamento, a Dirceu spettava il compito di tenere i rapporti con i riottosi parlamentari della maggioranza per far approvare leggi e decreti.
IL DENARO - Anche con modi spiccioli, come foraggiarli di denaro per uso personale e per le rispettive campagne elettorali. Lo scandalo esplose all'epoca, e si venne a sapere che il Pt aveva messo in piedi un colossale riciclo di denaro che proveniva da banche e imprese pubbliche verso i parlamentari “amici”. Lo scandalo venne denominato “mensalão” perchè ai deputati veniva corrisposto un “regalo” mensile, e Lula riuscì a non esserne coinvolto solo perché tutti i coinvolti dichiararono che non ne sapeva nulla. La sentenza è giunta soltanto oggi per le lungaggini del sistema giudiziario brasiliano.
LA CONDANNA - Dure condanne, oltre per Dirceu, sono arrivate per José Genoino, all'epoca segretario del Pt e per il tesoriere Delubio Soares. José Dirceu, considerato una delle mente politiche più raffinate del Brasile, fu leader studentesco negli anni Sessanta ed entrò in clandestinità con la repressione militare. Arrestato, venne rilasciato quando i militari cedettero allo scambio chiesto da guerriglieri che avevano sequestrato l'ambasciatore Usa Charles Elbrick. Dirceu fu tra i 15 prigionieri politici rilasciati e si trasferì a Cuba. Dall'isola, tornò clandestinamente in Brasile dopo una plastica facciale, e visse con nome falso fino alla fine degli anni Settanta, quando giunse l'amnistia politica. Persino la moglie ignorava la sua vera identità. Poi la fondazione del Pt e la lunga marcia per portare Lula alla presidenza della Repubblica, avvenuta nel 2002 dopo tre tentativi. Vittima infine della sua stessa spregiudicatezza e dell'enorme potere che si ritrovò tra le mani dopo una vita passata ad inseguirlo con ogni mezzo.
Rocco Cotroneo
Political corruption in Brazil
A blow against impunity
Nov 25th 2012, 14:00 by H.J. | SÃO PAULO
Brazil's mensalão trial has brought many historic moments (see here and here), and this week saw one more: an impeccably well-connected politico getting such a long prison sentence that even the best lawyer will struggle to save him from doing time. On November 12th José Dirceu, who served as chief of staff for former president Luiz Inácio Lula da Silva from 2003 to 2005, was sentenced to ten years and ten months in jail for his part in the huge vote-buying scheme. Two other prominent members of the Workers' Party (PT) also received stiff sentences: Delubio Soares, its former treasurer, got eight years and 11 months in prison, and José Genoino, its former president, six years and 11 months
It sometimes appears that the Brazilian criminal-justice system locks people up on a whim. Half the prison population has either not yet been tried or is awaiting a final verdict, and much of the other half committed non-violent property or drugs crimes. But for those with resources, it allows huge scope for delay, leeway on sentencing and almost unlimited appeals. The three men, along with the other 22 who have been found guilty of crimes such as money-laundering, corruption, embezzlement and misuse of public money, benefited from a rule known as "privileged forum" which says that top politicians can only be tried for crimes in higher courts. In this case, the Supreme Court, which normally deals with constitutional, not criminal matters, had to decide to take the case. That meant that though the scandal surfaced in 2005, the trial only started this year, in August.
Even now that the men are sentenced, there is more for their lawyers to do. Only long sentences definitely mean a spell under a "closed" regime—that is, one where the convict must stay during the day as well the night. For shorter ones, he can ask to be sentenced to an "open" regime. Anyone without a fancy lawyer probably won't even get to make the argument; anyone with one will almost certainly see it succeed. But a convict definitively sentenced to more than eight years must spend at least the first 18 months in a closed regime.
That word "definitively" covers a multitude. Even though these sentences are being handed down by Brazil's Supreme Court, in most countries the last word on any legal matter, further appeals are possible. I’m struggling slightly to give a sense of embargo de declaração and embargo infringente to a non-Brazilian readership; essentially, the defendants can still try to argue that the sentencing was unfair, or that because the judgment was not unanimous it should be looked at again. (Brazilian readers who are well-informed on legal matters, if you think you can sum up these types of appeal better for a non-specialist international audience, in less than a dozen words, please do put me right in the comments!) Not until all appeals are over can the verdicts be regarded as final.
But it now looks like a racing certainty that Mr Dirceu and Mr Soares, at least, will spend some time behind bars. Mr Dirceu himself seems to agree. In recent weeks he has been blogging about the trial: to summarise, it is biased, populist and politically motivated—and he intends to continue the fight it, "even while serving my sentence". It is true that public pressure has probably played a part in toughening the Supreme Court's sinews (I don't say that’s a bad thing). And Brazil certainly does have some feisty anti-PT media outlets. But the accusation of anti-government bias is a bit rich, considering that Lula appointed quite a chunk of the current Supreme Court—including Joaquim Barbosa, who has consistently taken the hardest line against themensaleiros.
In the weeks running up to the trial I asked dozens of people—pretty much everyone I talked to on any subject, and including people who were both violently pro- and anti-PT—what they thought it would bring. Quite a few were sure that legal manoeuvrings would somehow derail it; more thought that all the defendants would get off, independent of the rights and wrongs of the matter. A few people thought there might be jail sentences for peripheral characters. Not a single person thought that one of the political masterminds could possibly end up in jail. That the Supreme Court has overturned this glum certainty is surely a cause for celebration.
