Fausta's Blog

American and Latin American Politics, Society, and Culture

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Brazil: No immunity for Lula

Dilma had even named him her new chief of staff, so he wouldn’t be prosecuted. So much for that:
Brazil High Court Strips Ex-President Lula da Silva of Privileged Standing. Former leader’s corruption case is referred back to crusading judge Sergio Moro

The decision late Monday by Justice Teori Zavascki effectively strips Mr. da Silva of privileged legal protection reserved for high-ranking officials. The move increases the likelihood that Mr. da Silva, still Brazil’s most towering political figure, could be arrested in connection with a blockbuster corruption probe centered on state oil firm Petróleo Brasileiro SA or Petrobras.

Since judge Zavascki determined that Lula is no longer a sitting politician, he can be investigated by judge Moro’s court.

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Brazil: Lula on tape, judge suspends Chief of Staff appointment

As you may recall, Dilma appointed Lula as her new chief of staff.

This did not go down well.

Their phone lines were bugged, and tapes were released supporting claims that ex-leader’s inauguration as chief of staff is designed to help him avoid money-laundering charges

In the tapes, which emerged ahead of Mr Lula’s inauguration in Brasilia on Thursday, Ms Rousseff can be heard telling him that she will send over the papers for his appointment before the ceremony “in case of necessity”.

The leak comes as Ms Rousseff herself faces impeachment proceedings over alleged illegalities in the government budget.

Critics argued that the recording was evidence that the manoeuvre was a tactic to help Mr Lula, Ms Rousseff’s political mentor, evade prosecution.

As a government minister, he will have special privileges that mean he can only be tried in Brazil’s Supreme Court, staving off the current charges against him that were recently filed at a São Paulo court.

People took to the streets in protest.

More importantly, an hour after Dilma swore in Lula as her chief of staff. a judge suspended his appointment,  saying it indicates an attempt to hide evidence.

UPDATE:
El Pais:

In his ruling, which responds to a popular petition, the judge argued that if Lula da Silva took up the role of Civil House minister – a post he accepted before President Rousseff on Thursday – he would have the power to carry out “wrongful and hateful intervention” in the police force, public prosecution service and judiciary.

The Democrats and the Brazilian Socialist Party (PSB), the latter a former ally of the government, have also said they will appeal the appointment in the courts.

The judge added that Rousseff may herself have committed a crime of “liability” in appointing Lula da Silva, given that the law prevents the president from carrying out acts against the “honesty” of the public administration. A liability crime is one of the offenses stated in the Constitution that provides grounds for a political trial with the aim of dismissing a head of state. The Chamber of Deputies is on Thursday due to renew its discussion of Rousseff’s possible impeachment.

[end of update]

Lula’s party claims the judge’s decision is political, since the judge took part in a demonstration calling for Dilma’s resignation.

The Senate is furiously debating how to proceed, in an atmosphere O Globo describes of “squabbles, insults and even threats of physical confrontation.”

The bottom line:
Brazil, South America’s largest country in land mass, population and economy, is at a decisive moment in its history. This is a test to all of Brazil’s institutions. How Brazil’s institutions handle this situation will not only determine the country’s destiny for the remaining of the 21st century, but will also influence greatly the future of its neighbors.

UPDATE 2:
Senator urges Dilma to resign in order to avoid a military coup (link in Spanish).

Whether this is in the works, or whether it’s a form of turning the screws on Dilma, it’s not happy news.



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Brazil: Meet Dilma’s new chief of staff

Dilma’s message to protesters? “In-you-face, suckers!”

Lula Joins Brazilian Cabinet as Rousseff’s Chief of Staff

Rousseff came under pressure to name Lula to her administration after federal police briefly detained him for questioning March 4 and state prosecutors days later charged him with money laundering and hiding assets as part of a separate probe. He has repeatedly denied any wrongdoing. Now that Lula is a member of her Cabinet, under Brazilian law only the Supreme Court can authorize his imprisonment and trial.

Dilma’s putting no light between her fate and Lula’s. The question may come down to, how will Brazil’s institutions hold up?



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Brazil: To get immunity, Lula in the Cabinet?

See this UPDATE of March 17th: Lula on tape, judge suspends Chief of Staff appointment

While an estimated 1.5 million Brazilians demonstrated asking for Dilma’s impeachment, an idea perked up from the political cesspool to grant Lula immunity from prosecution:
Brazil’s former president Lula da Silva ‘offered cabinet post’Job would provide immunity from prosecution as corruption probe casts shadow over government of Dilma Rousseff

Brazil’s top three papers also reported late on Monday that Mr Lula was expected to accept a ministerial position in the coming days, after a crusading federal judge was given jurisdiction to rule over money laundering charges presented against him

Any decision to arrest Mr Lula would now be made by Federal Judge Sergio Moro, who oversees a sweeping investigation into kickbacks at state-run oil firm Petrobras and approved the detention of dozens of senior executives.

But a cabinet position would not grant him immunity from Brazil’s Supreme Court.

Lest you think he’d be named minister in charge of the laundry room of finance,

It has not yet been decided whether he should become the president’s chief of staff or replace the minister in charge of legislative affairs, Ricardo Berzoini, the source said.

I’ve been saying for a while that Brazil’s corruption is second to none. So far, they have not shown otherwise.

Related: Why is Lula caught up in the corruption scandal?



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Brazil: Lula in the clink?

Prosecutors consider Lula a flight risk and want him in jail:
Brazil prosecutors want preventive detention for Lula da Silva. Ex-president is a flight risk and could hinder money-laundering investigation, say his accusers

Prosecutors said the former Workers’ Party (PT) leader is a flight risk and that he could place obstacles in the way of the investigation into allegations of money laundering and misrepresentation of assets.

You read it right: money laundering,
Charges Against Brazil’s Lula da Silva Include Money Laundering. Country’s political crisis gains momentum as possible ramifications of corruption probe grow

State prosecutors in São Paulo late Wednesday charged Mr. da Silva with money laundering and misrepresentation for allegedly concealing his interest in a beachfront penthouse from tax authorities. Prosecutors also requested an arrest warrant for Mr. da Silva, according to a source.

Under Brazilian law, Mr. da Silva cannot become a defendant until a judge accepts the charges. If convicted on all counts he could face as many as 13 years in prison.
. . .
Thursday’s developments complicate the legal woes of Mr. da Silva, who is also under investigation in connection with a sprawling federal corruption probe centered on state oil company Petróleo Brasileiro SA, or Petrobras, that has rocked the highest levels of Brazilian business and government. Prosecutors say Mr. da Silva profited from a supplier graft ring that skimmed billions from Petrobras through inflated contracts that helped bankroll the leftist Workers’ Party and its allies.

The chickens will come to roost . . . maybe.

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Brazil: Money-laundering charges filed against Lula

Charges Filed Against Brazil Ex-President Lula da Silva. Officials accuse Mr. da Silva of not informing tax authorities of beachfront apartment

Prosecutors say Mr. da Silva’s concealment constitutes a form of money laundering, which is a criminal offense. The spokeswoman said more details would be provided Thursday in a news conference.

Lula’s lawyer claims his client never owned the three-story penthouse.

Fifteen other people are being charged, including Lula’s son:

Prosecutors say one of the country’s biggest construction firms, OAS, carried out extensive refurbishment on the penthouse.

Officially the apartment belongs to OAS, which is under investigation. It has been accused of paying bribes to politicians and senior officials at Petrobras to secure lucrative contracts.

When it rains, it pours,

Re-elected to a second term in 2014, Rousseff is now dealing with five major problems: Brazil’s worst economic recession in over a century; a congressional push to impeach her; a review of her campaign financesby the Federal Electoral Court (which could see the anullment of her electoral victory); the Car Wash investigation, and the spread of the Zika virus.

Related:
Brazil: Why Lula detention underscores strengthened democracy



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The crazy season Carnival of Latin America and the Caribbean

LatinAmerYou could make a case that it’s crazy season somewhere in the world at any given time, but it’s the Republican primary’s turn.

Elsewhere in our hemisphere,
ARGENTINA
Nisman case: Spy chief returns to Argentina to make bombshell allegations. Jaime Stiuso, who for almost 40 years was central to Argentina’s secret services, has returned from self-imposed exile to testify before a judge in the Nisman case, and shock a television chat show

Re: the Nisman investigation, read Eamonn’s string, Stiuso’s credibility: He’s a bad, bad man, but that doesn’t mean he’s lying,

BOLIVIA
A good, English language article summarizing Evo Morales’s missing child story and how it relates to corruption, Beyond the Zapata scandal: Outsourcing Bolivia’s National Development to China

The basic details behind the scandal have been confirmed by President Morales himself. In 2007 or shortly before, the President had a relationship with Gabriela Zapata, resulting in a child who died shortly after birth. Zapata went on obtain a university education and a law degree, and in 2013 was contracted by the Chinese company CAMC Engineering which won an estimated $580 millionin work from the Bolivian state, of which, $366 million was awarded after Ms. Zapata was hired to represent the company.

As it turns out, Evo’s child is eight years old (link in Spanish).

BRAZIL
Without a doubt, the top story of the month (yes, it’s early in the month, but still) is the raid on former president Lula’s home, his detention, questioning and release by the authorities investigating the Petrobras corruption scandal

Prosecutors now say they have evidence that Lula, members of his family and the Lula Institute, an NGO that he heads, received “undue benefits” worth 30m reais ($8m) in 2011-14 from builders embroiled in the Petrobras scandal. Lula was “one of the principal beneficiaries of the crimes” committed at the oil company, prosecutors claim. He vehemently denies any wrongdoing, and reportedly greeted the federal police officers at his door with calm, if not his usual folksy charm.

Many may have thought Lula was above the law at this point, but

Lula’s dawn surprise tops off a rough 24 hours for his embattled successor and protégée, Dilma Rousseff. The day before IstoÉ, a news magazine, published what it claimed was leaked testimony by Delcídio do Amaral, a senator from her (and Lula’s) Workers’ Party (PT), who was arrested last November in connection with the Petrobras affair. Mr do Amaral apparently alleged that Ms Rousseff appointed a judge simply because he was inclined to release important suspects, such as construction bosses, from pre-trial detention. Mr do Amaral also reportedly testified that Lula tried to buy witnesses’ silence. Ms Rousseff and Lula dismissed the report as unfounded speculation by IstoÉ; Mr do Amaral’s office issued a terse note declining to confirm the leaks’ contents (without expressly denying them).

Hours after IstoÉ dropped this bombshell, the Supreme Court charged the speaker of Congress’s lower house, Eduardo Cunha, with corruption and money-laundering. The chief prosecutor accuses Mr Cunha, who denies any wrongdoing, of managing the Petrobras “bribe pipeline”.

Other leftie leaders are uneasy.

Meanwhile, read about How the Left Came to Reject Cheap Energy for the Poor

CENTRAL AMERICA
CentAm Still Dominant Cocaine Route Into US: State Dept

CHILE
Historia de un oso (Bear Story)Chile Wins an Oscar for Tackling Its Past

14 injured after protest over fishing quotas turns violent in Arica

COLOMBIA
Editorial: Colombia Reports will ignore government’s press freedom limitations

Colombia Reports will ignore the Colombian government’s unlawful ban on reporting on FARC leaders’ trips to rank and file guerrillas. If we comply, this website could be censored any time deemed convenient by either the government or guerrillas.

Interior Minister Juan Fernando Cristo told press on Thursday that journalists are prohibited from reporting on FARC leaders’ attempts to explain a pending peace deal to their guerrillas, a significant step in a peace process that — like any process affecting citizens — requires public scrutiny.

More on the police prostitution ring,
Broadcast of politician and police leader’s secret sex tape prompts homophobia debate in Colombia. La FM for broadcasting an eight-minute excerpt of a video recording in which former Senator Carlos Ferro and a police captain discuss sex in crude details

CUBA
Obama’s unrequited Cuban romance. The president is unable to tell the difference between friend and enemy

Obama’s Cuba Visit Aims To Knock America Down A Peg. President Obama thinks the main problem with the world is the United States. That’s why he needs to cut us down to size in Cuba—and everywhere else.

Havana, the City of Scarcity. Cuban Capital’s Most Striking Feature Is Not Poverty, But Shortage

ECUADOR
US agents busted $2 million of cocaine in Florida, and it may be the latest shipment from a growing drug hotspot

See the Fiery Eruption of Ecuador Volcano. Tungurahua emits lava and a column of ash four miles high.

HONDURAS
Prize-Winning Activist Berta Cáceres Killed in Honduras. Victim had won prestigious Goldman Environmental Prize last year for fighting dam project

LATIN AMERICA
Why Latin American leftists would love a President Trump

China’s Pivot To Latin America: Beijing’s Growing Security Presence In America’s Backyard

How to Run a Drug Cartel. The black market is driven by the same forces as any other economic enterprise.

MEXICO
Air pollution: La Ciudad de México se ahoga: La concentración de contaminantes ha aumentado en el último lustro

Just how much of this is true? El Chapo entered US twice while on the run after prison break, daughter claims. In an exclusive interview, Rosa Isela Guzmán Ortiz says Mexican officials helped him evade US patrols and that he bankrolled the election of senior politicians

PANAMA
Panama economic growth slows to lowest since 2010

PARAGUAY
Stratfor report: Dark Pasts and Bright Futures in Paraguay

considering Paraguay’s difficult history, there is much to be impressed with, in terms of the country’s political evolution and economic growth over the past 20 years.

PERU
The real shining path in Peru: Incarnate Word sisters

PUERTO RICO
Inside La Isla: The Primary in Puerto Rico. Statehood, the Zika virus, and bankruptcy are big issues on the Island of Enchantment, but when you can’t vote for president, how do you make your voice heard?

Thousands of Puerto Rico Inmates Vote in Republican Primary

At least 6,500 of the island’s 11,500 prisoners are registered to vote, and government officials said this year’s turnout was strong. Even prisoners not registered are allowed to participate in the open primaries, which are held two days ahead of the vote for the general population. The island’s Republican primary is Sunday while Democrats vote in June.

URUGUAY
UPDATE 1-Uruguay calls for tighter money supply as inflation spirals

VENEZUELA
Obama Renews Declaration that Venezuela is a National Security Threat. But it’s more just a desperately poor nation suffering from socialist mismanagement and oppression.

The Legend Of El Dorado, Turned Backwards



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Brazil: Lula raided, detained, questioned, released

Lula is spittin’ mad,

His house was raided, and he was detained:

In an operation that began at 6 a.m., officers from the Federal Police swarmed Mr. da Silva’s home in São Paulo. He was taken to a federal police station, but he was not arrested or charged. He was released after about three hours of questioning, which he later derided as a “media show.”

Brazilian Police Question Ex-President Lula da Silva in Petrobras Probe. After his release, former leader says he is ‘indignant’ about prosecutors’ actions

Authorities suspect that Mr. da Silva benefited from renovations made to a beachside penthouse and a sprawling country estate by two construction companies implicated in the investigation.

But the allegations go beyond claims that Mr. da Silva received personal perks and payoffs. Prosecutors on Friday described the former president as spearheading a yearslong scheme to divert money from Petrobras to fund election campaigns for his leftist Workers’ Party and its allies.

Go to the article for a full timeline of the investigation.

Is Dilma next? Contrary to the general rumors,

Prosecutors reiterated Friday that Ms. Rousseff isn’t under investigation in the Petrobras case. But the widening scandal has savaged her popularity and weakened her ability to govern as the investigation has ensnared key figures in the ruling Workers’ Party, including Mr. da Silva, her political mentor.

I’m actually surprised the investigators have gone as far as they have, detaining Lula.

UPDATE,
Spain’s El País bemoans that Lula’s detention is a huge blow to the country’s image (link in Spanish), because,

While these are very serious allegations, the prosecutors cannot question the fact that Lula is the politician who embodies Brazil’s definitive takeoff, the success of the fight against poverty, the integration of 30 million poor to the middle class, and economic growth unmatched in the country’s history.

El Pais’s editorial board can’t get itself to ask why and at what price must politicians be paid off, and do the temporary gains (now being lost) under Lula justify his corrupt deals. Hence, they are displeased with the investigation?

Sing it, Ella,

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