.
B

razil’s young democracy faces one of its greatest challenges since the reestablishment of democracy after the last military government (1964-1984). On the eve of the general elections for president and congress, there is more uncertainty than hope, given incumbent President Jair Bolsonaro’s insistent attempts to discredit and demoralize the institutions and the normative framework that sustain the democratic rule of law in the country. Bolsonaro was able to come to power due to a series of events that weakened the country’s traditional parties and a growing lack of trust within Brazilian society of the political system. The void left by the disbelief in traditional parties, due to corruption, allowed the extreme-right to rise to power directly threatening democracy with attacks to the rule of law. At stake in this year's elections is the fundamental future of Brazilian democracy.

To understand Bolsonaro’s rise and what is at stake in this election, it is necessary to analyze the events of the last decade. The fight against corruption was central to Brazilian politics in the last decade—sowing distrust in politicians, raising questions about the legitimacy of the party system, and making the system of checks and balances vulnerable and opening the door for Bolsonaro’s movement to gain traction.

In 2012, Brazil’s Supreme Court began adjudicating the “Mensalão scandal.” Launched in 2006 by the Attorney General's Office to investigate allegations that President Luiz Inácio “Lula” da Silva (2003-2010) administration used public funds to buy congressional votes between 2002 to 2005. The trial concluded in 2014—during the government of Lula’s successor Dilma Rousseff—with the conviction of 24 people, including high-ranking politicians from Lula and Rousseff’s Workers' Party (PT). As this was occurring, another investigation into corruption was launched in 2014. The Lava Jato operation was ostensibly to fight corruption in the country. However, the operation was marked by controversies—including dubious coercive conduct, abuses of rights, leaks to the press, and affronts to due process and constitutional principles. By mid-2019, various press leaks and judicial disclosures revealed messages between major players in Lava Jato that showed that the Judiciary was intent on changing the composition of the Executive Branch. While the stated intent of the Lava Jato was justified, it set a precedent that triggered a series of institutional crises.

In 2013, major protests erupted across the country, focused on the corruption scandal, demands for social rights, and criticism of the political system. Across the array of issues driving protests, there was a common theme—the complete erosion of trust in traditional political parties and the ruling PT government. At this point, anti-party and hostile discourse towards traditional political organizations began to appear.

President Dilma Rousseff’s second term, which began in 2015, was marked by the lack of governability that culminated in her 2016 impeachment. The crises unfolded across several fronts and stemmed from the growing distrust in the political system. As the country was amidst one of the worst economic crises in 25 years, Rousseff’s main opponent in the 2014 presidential election, Aécio Neves (Brazilian Social Democracy Party – PSDB), made an unfounded request to have the system that counts votes validated. The audit found no evidence of fraud in the electronic voting system. At the same time the then President of the Lower house, Eduardo Cunha (Brazilian Democratic Movement Party - PMDB), strategically engineered a decline in congressional support. Additionally, a further crisis evolved out of the Lava Jato investigation into Brazil’s Petrobras. Dilma Rousseff was impeached based on accusations of violating an administrative process. The undeniable legal inconsistency that resulted in the removal of a democratically elected president diminished the power of vote in the eyes of the electorate—expanding the division between rulers and ruled and undermined the political party system and the institutions.

This environment of institutional disfunction affected not only the PT, but all of the traditional political parties involved—who were all perceived as insiders and part of the broader problems facing the country. Moreover, judicial over reach added to the distrust in institutions as the courts began to be viewed as political entities.  As distrust in the political system grew, the gap was filled by the extreme right which capitalized on an anti-corruption and anti-PT discourse. This resulted in the election of the country’s current president, Jair Bolsonaro.

Under the Bolsonaro administration, democracy has been constantly challenged.  Since he began his first presidential campaign and throughout his presidency, Bolsonaro speeches have often focused on undermining democracy and the balance of power in the country.  He has also made repeated threats to Supreme Court Justices and to use the armed forces. Additionally, there is a perceived attempt to eliminate government transparency by classifying public information—including vaccine procurement contracts,  corruption investigations into his son, his own vaccination records, and visits by religious leaders to the presidential palace. There are also concerns that the government is manipulating important regulatory bodies with the appointment of favorable figures to influence investigations. The government has also adopted measures that are ideological rather than legal, such as adding “evangelical criteria” for Supreme court nominations.  Formal processes for public participation, the defense of human rights, and environmental protections have also been particularly dismantled. As the 2022 election has heated up, Bolsonaro has even questioned the very foundation of democracy—the Brazilian electoral system, despite no evidence to support it. It is as if there were a structural intent on the part of the Bolsonaro administration to erode democratic institutions from the inside.

Despite Bolsonaro’s attempts and past distrust of the political system, 75% of Brazilians believe that democracy is the best form of government. This election is an opportunity to ensure that Brazilian democracy remains intact. With polls showing that the Presidential campaign is largely between Lula and Bolsonaro, it is tempting to draw a parallel between these two figures and portray them as two sides of a polarized context. However, there is a core difference between them when it comes to representing a threat to democracy. While endemic corruption in Brazilian politics has eroded the popular trust in institutions and the political system, until Bolsonaro no leader directly attacked the democratic system. It is under Bolsonaro’s leadership that democracy is at risk.

Regardless of the results of the election, Brazilian democracy has already been impacted and the extreme-right will continue to threaten democracy. However, the Brazilian electorate can still go to the polls and use their right to vote—knowing that the voting machines are safe and reliable—to safeguard against the reactionary extremism that threatens Brazilian democracy.

About
Claudia Aguiar
:
Claudia Aguiar is a humanitarian lawyer and consultant currently based in Washington, DC. After more than a decade working in humanitarian aid, she has first-hand experience in countries where democracies have failed.
About
Daniel Feitosa
:
Daniel Feitosa is a lawyer active in Brazilian electoral and public law, as well as a Public Attorney based in São Paulo.
The views presented in this article are the author’s own and do not necessarily represent the views of any other organization.

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Brazil Needs to Refill the Void

Photo via Pixabay.

October 1, 2022

The void left by the disbelief in traditional parties due to corruption allowed the extreme right to rise to power in Brazil. At stake in this year's elections is the fundamental future of Brazilian democracy, writes Claudia Aguiar and Daniel Feitosa.

B

razil’s young democracy faces one of its greatest challenges since the reestablishment of democracy after the last military government (1964-1984). On the eve of the general elections for president and congress, there is more uncertainty than hope, given incumbent President Jair Bolsonaro’s insistent attempts to discredit and demoralize the institutions and the normative framework that sustain the democratic rule of law in the country. Bolsonaro was able to come to power due to a series of events that weakened the country’s traditional parties and a growing lack of trust within Brazilian society of the political system. The void left by the disbelief in traditional parties, due to corruption, allowed the extreme-right to rise to power directly threatening democracy with attacks to the rule of law. At stake in this year's elections is the fundamental future of Brazilian democracy.

To understand Bolsonaro’s rise and what is at stake in this election, it is necessary to analyze the events of the last decade. The fight against corruption was central to Brazilian politics in the last decade—sowing distrust in politicians, raising questions about the legitimacy of the party system, and making the system of checks and balances vulnerable and opening the door for Bolsonaro’s movement to gain traction.

In 2012, Brazil’s Supreme Court began adjudicating the “Mensalão scandal.” Launched in 2006 by the Attorney General's Office to investigate allegations that President Luiz Inácio “Lula” da Silva (2003-2010) administration used public funds to buy congressional votes between 2002 to 2005. The trial concluded in 2014—during the government of Lula’s successor Dilma Rousseff—with the conviction of 24 people, including high-ranking politicians from Lula and Rousseff’s Workers' Party (PT). As this was occurring, another investigation into corruption was launched in 2014. The Lava Jato operation was ostensibly to fight corruption in the country. However, the operation was marked by controversies—including dubious coercive conduct, abuses of rights, leaks to the press, and affronts to due process and constitutional principles. By mid-2019, various press leaks and judicial disclosures revealed messages between major players in Lava Jato that showed that the Judiciary was intent on changing the composition of the Executive Branch. While the stated intent of the Lava Jato was justified, it set a precedent that triggered a series of institutional crises.

In 2013, major protests erupted across the country, focused on the corruption scandal, demands for social rights, and criticism of the political system. Across the array of issues driving protests, there was a common theme—the complete erosion of trust in traditional political parties and the ruling PT government. At this point, anti-party and hostile discourse towards traditional political organizations began to appear.

President Dilma Rousseff’s second term, which began in 2015, was marked by the lack of governability that culminated in her 2016 impeachment. The crises unfolded across several fronts and stemmed from the growing distrust in the political system. As the country was amidst one of the worst economic crises in 25 years, Rousseff’s main opponent in the 2014 presidential election, Aécio Neves (Brazilian Social Democracy Party – PSDB), made an unfounded request to have the system that counts votes validated. The audit found no evidence of fraud in the electronic voting system. At the same time the then President of the Lower house, Eduardo Cunha (Brazilian Democratic Movement Party - PMDB), strategically engineered a decline in congressional support. Additionally, a further crisis evolved out of the Lava Jato investigation into Brazil’s Petrobras. Dilma Rousseff was impeached based on accusations of violating an administrative process. The undeniable legal inconsistency that resulted in the removal of a democratically elected president diminished the power of vote in the eyes of the electorate—expanding the division between rulers and ruled and undermined the political party system and the institutions.

This environment of institutional disfunction affected not only the PT, but all of the traditional political parties involved—who were all perceived as insiders and part of the broader problems facing the country. Moreover, judicial over reach added to the distrust in institutions as the courts began to be viewed as political entities.  As distrust in the political system grew, the gap was filled by the extreme right which capitalized on an anti-corruption and anti-PT discourse. This resulted in the election of the country’s current president, Jair Bolsonaro.

Under the Bolsonaro administration, democracy has been constantly challenged.  Since he began his first presidential campaign and throughout his presidency, Bolsonaro speeches have often focused on undermining democracy and the balance of power in the country.  He has also made repeated threats to Supreme Court Justices and to use the armed forces. Additionally, there is a perceived attempt to eliminate government transparency by classifying public information—including vaccine procurement contracts,  corruption investigations into his son, his own vaccination records, and visits by religious leaders to the presidential palace. There are also concerns that the government is manipulating important regulatory bodies with the appointment of favorable figures to influence investigations. The government has also adopted measures that are ideological rather than legal, such as adding “evangelical criteria” for Supreme court nominations.  Formal processes for public participation, the defense of human rights, and environmental protections have also been particularly dismantled. As the 2022 election has heated up, Bolsonaro has even questioned the very foundation of democracy—the Brazilian electoral system, despite no evidence to support it. It is as if there were a structural intent on the part of the Bolsonaro administration to erode democratic institutions from the inside.

Despite Bolsonaro’s attempts and past distrust of the political system, 75% of Brazilians believe that democracy is the best form of government. This election is an opportunity to ensure that Brazilian democracy remains intact. With polls showing that the Presidential campaign is largely between Lula and Bolsonaro, it is tempting to draw a parallel between these two figures and portray them as two sides of a polarized context. However, there is a core difference between them when it comes to representing a threat to democracy. While endemic corruption in Brazilian politics has eroded the popular trust in institutions and the political system, until Bolsonaro no leader directly attacked the democratic system. It is under Bolsonaro’s leadership that democracy is at risk.

Regardless of the results of the election, Brazilian democracy has already been impacted and the extreme-right will continue to threaten democracy. However, the Brazilian electorate can still go to the polls and use their right to vote—knowing that the voting machines are safe and reliable—to safeguard against the reactionary extremism that threatens Brazilian democracy.

About
Claudia Aguiar
:
Claudia Aguiar is a humanitarian lawyer and consultant currently based in Washington, DC. After more than a decade working in humanitarian aid, she has first-hand experience in countries where democracies have failed.
About
Daniel Feitosa
:
Daniel Feitosa is a lawyer active in Brazilian electoral and public law, as well as a Public Attorney based in São Paulo.
The views presented in this article are the author’s own and do not necessarily represent the views of any other organization.