Former Presidents Decide on International Outsourcing of Brazil’s Government*

In discussion late last night at President Luiz Inácio Lula da Silva’s Atibaia vacation propery, Brazil’s three living unimpeached presidents decided to pursue the international outsourcing of government in Brazil. “It has to be admitted, Brazilians have simply proven themselves unfit to govern the country,” said former President Fernando Henrique Cardoso (FHC). The plan, according to FHC, is to pursue a constitutional reform that would suspend Congress temporarily and concentrate legislative and executive power in the hands of...

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Non-Responses to Citizen Demands – Congress and The Media

Chanelling Demands Crisis can be a key catalyst for reform, but all depends on the ability to effectively channel citizen demands and the responsiveness of key political actors. The Channel is clear – the “popular initiative” (Art.62 of the 1988 Constitution), which requires signatures by 1% of the electorate (1.34 million citizens) spread across at least 5 states, with signatures in each state representing at least 0.3% of its electors.* Political Responsiveness The problem is responsiveness. Today, Contas Abertas reports...

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Proposals to Root-Out Political Corruption in Brazil

As I have opined in previous posts, a) the party and electoral system is the key to understanding political corruption in Brazil; and, b) the media has been loathe to provide salience to any concrete proposals for reform, especially among civil society advocates. Simply put, Brazil’s fragmented party system, giant districts, and open-list competition produces hearty profits for the media. Why rock the boat if you can have the captain walk the plank? If the media will not give salience to reform proposals, let me indulge you with one...

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Brazil’s Anti-Corruption Showdown

With impeachment little less than imminent, the question is whether a new government will strengthen or weaken the legislative tool-box of corruption-blasting policies I wrote about yesterday. Given the PMDB’s involvement in corruption allegations and its amorphous policy principles and democratic history, it is not surprising to read that PMDB leaders in Congress are supporting legislative measures to weaken key plea bargaining arrangements. Let’s get this straight – if the Public Prosecutor and Federal Police lose the power to offer...

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Long Last the Legal Legacy of Rousseff

Political scientist Carlos Pereira and I have been patiently waiting for our article on the Mensalão corruption scandal to come out in the Journal of Latin American Studies. I am particularly anxious because we establish the contours of an argument surrounding the accountability and transparency advances made during the Rousseff administration. This argument follows in the footsteps of work detailing Brazil’s incremental accountability gains undertaken by American University Professor Matt Taylor and FGV-CPDOC Professor, Sergio...

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Colluding Against Brazil’s Criminal Justice System? Good Luck.

The Minister of Justice, Eduardo Cardozo, resigned about a month ago, buffeted by pressures to reel-in the Federal Police. No one doubts what these pressures are about – the ferocious prosecution of the Car Wash (Lava Jato) investigation. Now the government is apparently looking to replace the director general of the Federal Police, who is administratively and financially beholden to the Minister of Justice. This ostensible ‘neutering’ of the Ministry of Justice and the Federal Police is a first political stab at bringing the Car Wash...

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The Failure of Counter-Majoritarianism in Brazil’s (Evolving) Legal Order

Law has failed Brazil in a moment of decisiveness. Brazil’s judiciary, like any other, is a counter-majoritarian institution – the last check on the mercurial majorities represented by parliaments and presidents. Yet this basic premise has been lost to frenzied majoritarianism. Yesterday, the prosecuting judge behind the ‘Car Wash’ scandal, Sergio Moro, acted in a decidedly majoritarian and legally irresponsible manner by releasing taped conversations between former and actual Presidents, Luiz Inacio Lula da Silva and Dilma...

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