24 February 2004
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The government of President Lula da Silva has suffered a new wave of public embarrassment with the news that its recently dismissed congressional linkman, Waldomiro Diniz, had continued to have dealings with the gaming underworld after moving to the Planalto palace, and that another minister in Lula's first cabinet was involved in seeking funds from the `bankers' of illegal gambling for the campaign of yet another present minister.
Diniz confessed his continuing links with Carlinhos Cachoeira to Extra, the newsmagazine that had first exposed that connection. Another newsmagazine,
Veja got hold of José Vicente Brizola, formerly in charge of the state lotteries in Rio Grande do Sul, to uncover `pressures' by the campaign committee of the ruling Partido dos Trabalhadores (PT) to seek funding from the bankers of the
jogo do bicho. Brizola said the pressure came from PT senatorial candidate Emília Fernandes, who was later appointed minister for women's affairs and held that position until the January 2003 cabinet reshuffle. At the time this was happening, the PT's candidate to governor of Rio Grande do Sul was Tarso Genro — who lost, but became Lula's education minister. Also funded was the campaign of congressional candidate Paulo Paim, now vice-president of the senate.
Banning the bingos
Lula's reaction to all this was to announce in-depth investigations and issue a decree closing down bingo parlours and slot-machine galleries across the country. Previously, Lula had been in favour of legislating to regulate their activity — indeed, only days before issuing the decree he had included a regulatory bill among those slated for debate in congress this year.
There are in Brazil about 1,100 bingo establishments, which employ about 330,000 people. Many are widely considered to be public `fronts' for the
bicheiros. They have been in a sort of legal limbo since 1993, when congress approved a law authorising them to operate -- but then failed to follow up with legislation containing detailed regulations. Most of the bingo parlours operate under the cover of court injunctions or loopholes in state legislation. Congressional reluctance to fully authorise them has been linked to public accusations that they were acting as fronts for money-laundering, tax evasion and capital flight.
For now, Lula insists on retaining his chief of staff, José Dirceu, who as previous PT leader appears at the end of the trail of several strands of this scandal. Dirceu himself has told congressional leaders that if a parliamentary commission of inquiry (CPI) is set up, he will resign to devote all his efforts to his defence.
Not the first time
This is not the first time the PT has been linked with the bicheiros. In 2000 Olívio Dutra, then governor of Rio Grande do Sul state (and currently minister for cities), smuggled into a tax amendment law provisions that effectively legalised bingos, instant lotteries and other variants introduced by the
bicheiros. This earned him a reprimand from the federal prosecution service, which forced him to back down. Still, during Dutra's tenure, the state government granted a contract to operate the official lottery services to a firm part-owned by Carlinhos Cachoeira, the same man involved in the Diniz affair.
Critics of the PT allege that the purchase of the party's headquarters in Rio was funded by
bicheiros. They also note that Lula has been among those who have advocated the legalisation of the
jogo do bicho.
Bichos & prohibition
The jogo do bicho has moved a long way from the cuddly image of the small-scale lottery based on 25 animals that the Baron João Batista Viana Drummond devised to raise funds for Rio's zoo back in 1882. Since it was banned, together with all casinos, in 1946 (as the state established a monopoly over lotteries), it has grown into a multi-billion dollar business that has branched out into various forms of organised crime. The
banqueiros (`bankers') of the illegal lottery spread out from their home base in Rio, sharing out territories at neighbourhood, city and state levels, and publicly began to curry favour with the public by association with popular activities.
They funded escolas do samba and took control of much of Rio's celebrated carnival. They bought football clubs and players. They became involved in politics, in some cases directly, to enjoy the protection of parliamentary immunity, but more often by `buying' politicians and funding their campaigns, much as they bribed policemen, prosecutors and judges.
Links with organised crime
Less visible was the bicheiros' involvement in criminal activities. In one notorious investigation in 1994, which led to the imprisonment of 14 of the biggest
banqueiros, prosecutors found links between the jogo do bicho and 130 underworld murders. They also uncovered involvement of a leading
banqueiro in gunrunning, the smuggling of electronic goods, the production of rigged
caça-níqueis (slot machines), and distribution of drugs. Police have identified hotels owned by
bicheiros, some run as brothels, others suspected of being `holding places' for kidnap victims.
Though private casinos and gaming houses are banned in Brazil, in many states the
jogo do bicho operates quite openly from premises that are, to all intents and purposes, casinos. The communications and distribution infrastructure built up for them and the
jogo do bicho is also, according to police sources, used for sophisticated drug-trafficking and cargo hijacking operations.
Damage control in congress
The government is trying hard to either deflect growing demands for a CPI, or to spread the political impact so that it does not end up as the only casualty. Its initial tactic was to warn that a CPI might come to overshadow all government business, much as happened when one was created to investigate charges of corruption against President Fernando Collor de Melo (an episode which ended with Collor resigning to avoid impeachment). Aloízio Mercadante, the PT leader in the senate, said that a CPI `could bring the country to a standstill'. He argued that the best solution would be `to let the prosecution service, the judiciary and the federal police take care of these criminal matters, and congress devote itself will all its energies to improving the laws.'
Bowing to realities, Mercadante also held out a second possibility. Should the opposition insist on a CPI, he said, `then we will examine everything, not just one specific case.' This would entail offering to lift government objections to a CPI if the opposition agreed to expand the CPI's brief to include other cases of questionable campaign financing — such as how the PSDB funded the presidential campaigns of Cardoso in 1998 and José Serra in 2002, and the Lunus affair of 2002, which led to Roseana Sarney, of the PFL, withdrawing from the presidential contest. Ideally, the PT would like a broad-scope CPI to range beyond campaign funding into other financial issues, such as the privatisations carried out by the Cardoso government.
In opposition-ruled Rio de Janeiro, the state assembly has already voted to establish a CPI to investigate the Diniz affair. Assembly president Jorge Picciani (of the Partido do Movimento Democrático Brasileiro, PMDB, Lula's ally at the federal level) says this is justified because the events took place in the state — and because there is no risk to the government headed by Rosinha Matheus `because [she] had nothing to do with them'. Matheus, wife of former governor Anthony Garotinho, is of the Partido Socialista Brasileiro (PSB).
In the federal congress the proponents of a CPI must gather endorsement from a third of the members of each chamber (171 in the lower one, 27 in the senate). In the senate, the PFL and PSDB together could manage that. The PSDB has actually told the ruling PT that, if this will facilitate matters, in will agree to a broader CPI — as long as there is also one devoted specifically to the Diniz case and its direct ramifications.
The situation in the lower chamber is still unclear. The PSDB and PFL together are still 56 signatures short of what they need. The Rio de Janeiro precedent does not, apparently, help predict outcomes. The PSB, for one, has reportedly come out against establishing a CPI. So, naturally, has the core pro-government bloc (PT, PL, PCdoB) — but up to the time of writing the PMDB (78 seats), the PP (53), the PTB (52) and the PDT (12) had not yet publicly stated their positions.