The Real is trading against the US dollar at a three-month high and stocks in parastatal companies such as the oil firm Petrobras have soared. None of the economic fundamentals of Brazil have changed significantly in the last week. Whatever happens in politics over the next few months, Brazil’s economy looks set to continue its slump. But a series of dramatic events over the past seven days have introduced new levels of volatility into the country’s darkening political scenario.
Amaral’s testimony
On 3 March, the Brazilian news magazine Isto É published leaks from the plea bargaining testimony given by Delcídio do Amaral, the former leader of the ruling left-wing Partido dos Trabalhadores (PT) in the federal senate who was arrested last November. Though the testimony is yet to formally approved by the courts, its content was explosive. Amaral claims that President Dilma Rousseff used her powers to keep Petrobras directors accused of corruption in their posts; that she appointed a judge with the understanding he would vote to release business executives accused of corruption; and that she and the former justice minister, José Eduardo Cardozo, intervened three times in ‘Operation Car Wash’ in an attempt to limit the scope of the inquiry.
Amaral also accused former president Lula da Silva (2003-2011) of full knowledge of the Petrobras corruption scandal, and of ordering payments to silence certain witnesses. In subsequent testimony leaked to the press on 9 March, the PT senator accuses five other members of the senate of complicity in the corruption scandal including Renan Calheiros, the president of the chamber, and Aécio Neves, the failed presidential candidate from the main opposition Partido da Social Democracia Brasileira (PSDB).
On the day of the first leaks, Amaral issued a rather vague statement which did not deny the substance of his accusations. Cardozo gave a lengthy press conference in which he sought to discredit point-by-point Amaral’s testimony. Though his refutation appeared convincing, by then the damage had already been done, and the financial markets were starting to bet that President Rousseff would not survive.
Lula’s “coercive questioning”
Worse was to come. In the latest phase of Operation Car Wash – the 24th – federal police raided three properties belonging to Lula, and took both the former president and his sons to a police station for “coercive questioning”. In a development unrelated to Amaral’s testimony, police asked Lula about alleged benefits in kind that he received from some of the major construction companies accused in the Petrobras investigation.
Allegedly, Lula and his family had full use of three properties, registered in others’ names, which were refurbished at great expense by these companies. He is also accused of receiving corrupt payments disguised as speaking fees via the Lula Institute, the think-tank which disseminates his ideas.
Scuffles broke out on the street outside Lula’s apartment in São Bernardo do Campo between supporters and opponents of the PT. A crew from Globo, the dominant news organisation in Brazil, widely regarded with great distrust by petistas, was also attacked. Emerging from his temporary captivity four hours later, Lula held a number of emotional press conferences in which he said he felt he was “kidnapped” by the police, and angrily insisted on both his innocence and a media/opposition conspiracy against him. Rui Falcão, the president of the PT, accused the opposition of organising a coup.
On 6 March, Rousseff flew down to São Paulo to show her support to Lula. In comments to the press she expressed her “total incomformity” with the manner in which police apprehended Lula. Indeed, much ink was spilt by legal and constitutional experts over the weekend questioning why the police had opted for “coercive” measures, when Lula had shown himself willing to testify voluntarily. Judge Sérgio Moro, the lead prosecutor in Operation Car Wash, claimed that the measure was necessary to avoid a “media scrum” and to ensure no evidence was destroyed.
Whatever the reason, it failed to prevent a media scrum. The use of such a mechanism may also have galvanised Lula’s supporters, who believe that he is being targeted over his politics rather than his probity. That impression is likely to have been compounded by the news on 9 March that state prosecutors in São Paulo are to charge Lula over concealment of goods, money-laundering and larceny over his alleged possession of a luxury apartment in the beach resort of Guarujá in São Paulo state. A judge still has to decide whether there is a case to answer.
Lula’s wife, Marisa Letícia; their oldest son Fábio Luiz; João Vaccari Neto, the former treasurer of the PT, and the former president of the construction firm OAS, Leo Pinheiros (who is currently negotiating a plea bargain with prosecutors) have also been charged. Prosecutors Cássio Conserino and José Carlos Blat allege that there was a concerted effort to conceal the true owner of the property, an effort which they characterise as money-laundering. Investigators claim the flat was refurbished in 2014 at a cost of R$777,000 (US$211,000).
Further details about the charges are to be presented in a press conference on 10 March, but Lula’s lawyer, Cristiano Zanin, argued that the former president had never concealed the fact that he made payments towards the apartment but had decided against taking control of the property last year. He also questioned whether the lead prosecutor, Conserino, was politically motivated.
Reports in the local media suggest that the government is seriously considering, under pressure from the PT, giving Lula a cabinet position so that in the event he faces trial, he will do so only in the ‘privileged forum’ of the supreme court. Such a move would likely delay any prosecution; it would also heighten the anger of anti-petistas.
The concern now is that political differences will express themselves on the streets rather than via Brazil’s institutions. A long-planned anti-government march on 13 March is likely to receive a boost from the latest police moves against Lula. But now, pro-government demonstrators plan on making their voices heard on the same day. The fear is that the two sides may clash. Supreme Court judge Marco Aurélio de Mello said he was worried that someone could be killed if both sides meet on the streets.
Odebrecht goes down
On 8 March Marcelo Odebrecht, the CEO of the engineering company Odebrecht, was sentenced to 19 years and four months’ prison for corruption, money-laundering and conspiracy. Odebrecht’s importance to the Brazilian economy, and its close links with many of the domestic and foreign policy objectives of the last 14 years of government by the PT cannot be overstated. It is the largest of the six construction companies to be convicted over the corruption scheme targeted by Operation Car Wash.
Until now, Marcelo Odebrecht has not entered into plea bargaining with the authorities. The fear for the government is that he may now feel he has nothing to do lose, and he may have testimony that proves highly damaging to both Lula and Rousseff.
Odebrecht now follows Mendes Junior, OAS, Galvão Engenharia, Engevix and Camargo Corrêa in the list of companies convicted in Operation Car Wash. In jail since June awaiting trial, Marcelo Odebrecht had refused to admit any liability in an attempt to ensure his company could continue to partner its operations around the world with other companies, many of which have strict rules regarding reputation management. Now, however, there is nothing to lose, and Marcelo’s own father, Emílio, is reportedly advising his son to turn whistleblower.
Delcídio do Amaral, the PT senator imprisoned last November, has accused some of his colleagues of involvement in the Petrobras corruption scheme. According to the leaks of his plea bargaining in the local media, at least five other senators, including Aécio Neves, the 2014 presidential candidate of the main opposition PSDB, and Renan Calheiros, the president of the senate, were involved in corruption.
- Cunha and the ethics committee
On 7 March, Eduardo Cunha, the speaker of the federal lower chamber of congress, received the official notification of the decision by the ethics committee to investigate him. Now that he has received the document, Cunha has 10 days to present a written defence to the council. Also on 7 March, the supreme court accepted a further case against Cunha, relating to corruption and money-laundering. Cunha has said he has no intention of standing down while the investigation is on-going.