One of the memes doing the rounds on Brazilian social media, in the wake of Eduardo Cunha’s decision to initiate impeachment proceedings against President Dilma Rousseff, was the final scene of the film Reservoir Dogs in which the last surviving characters shoot each other simultaneously. Whatever the final outcome of the impeachment proceedings, it is difficult to imagine any of the main characters emerging unscathed. Arguably, however, the greatest victim in this circular firing squad is the last remaining scrap of credibility of Brazilian politics.
After months of speculation, Cunha finally pulled the trigger on 2 December. His motivation was simple and ignoble. Facing a congressional ethics committee investigation over lying to parliament about his possession of a number of secret Swiss bank accounts, Cunha has been using a variety of ingenious, if destructive, stalling devices. With dozens of impeachment requests against Rousseff filed at his office, Cunha had threatened to open one of the them if the ruling Partido dos Trabalhadores (PT) voted to allow the ethics committee to continue its work.
In the end, despite apparent pressure from the presidential palace, the three PT deputies on the committee announced their intention to vote in favour of an investigation. An irate Cunha immediately telephoned the senate president, Renan Calheiros, and the vice-president, Michel Temer, to announce his intention to start impeachment proceedings. All three men are from the Partido do Movimento Democrático Brasileiro (PMDB), the PT’s restive coalition ally. Reportedlty, neither Calheiros nor Temer made an effort to dissuade Cunha.
In the press conference he called to announce his decision, Cunha insisted he took “no happiness in doing so” but was obliged to for “political reasons”. In fact, the case against the president is legally dubious, at best. It was devised by three legal experts, including Hélio Bicudo, one of the founders of the PT, whose motivations appear to have more to do with spite over his failure to reap rewards from the party’s 12 years in power than statecraft.
A president can only be impeached over crimes committed during his or her current mandate: so Rousseff can only legally be judged by acts she has committed since January. While Rousseff’s government has been accused by the federal court of accounts (TCU) of manipulating the public accounts in 2014, there has not yet been any judgment of her actions in 2015. The impeachment request is based on an assumption that the malpractices of 2014 (which, in themselves, are not necesarrily criminal) continued into 2015.
Immediately after Cunha’s announcement, Rousseff called an emergency meeting with nine of her cabinet ministers and made a brief statement, insisting that she had committed no crime, vowing to fight the impeachment case, and contrasting her own probity with that of her accuser, Cunha. Various government supporters, meanwhile, tried to persuade the supreme court to throw out the impeachment request, without success.
Over the weekend, congressional political parties met to discuss the possible membership of the 65-strong special commission on impeachment that will now convene to discuss the issue. All of the parties in congress have the right to a seat on the commission, with the PT and the PMDB having eight seats each, and the main opposition Partido da Social Democracia Brasileira (PSDB) having six. Once the commission is formed, the president will then have ten congressional sessions to mount her defence; the commission will then have five sessions to deliberate on the evidence before voting.
If the commission votes by a simple majority to continue with the proceedings, the next hurdle is the lower house of congress, where two-thirds need to approve the continuation of the process. Should that happen, the president will have to stand aside in favour of her vice-president, Michel Temer, while the senate can take up to six months to decide her fate. If two-thirds of the senate voted in favour of impeachment, Rousseff would be out.
Precedence
Rousseff and her allies are wont to call Cunha’s maneuverings a “coup”, but there are certain similarities with the impeachment process against President Fernando Collor in 1992. Both presidents were elected in democratic, popular elections in the second round of voting. These second-round elections were hotly disputed and each won by a small margin. Neither Collor nor Dilma had or have adequate majorities in congress, meaning they both struggled to secure passage of their legislation.
Unlike Collor, however, not even Rousseff’s bitterest critics believe that she personally profited from the corruption rampant in her government. In fact, Rousseff has recently embraced the accusations that she borrowed from public banks to fund her social programmes. On 7 December, she gave a speech in which she stated: “Some people have accused me of paying Bolsa Familia [the social security programme] and Minha Casa Minha Vida [the social housing programme]. I did pay it, with the money of the Brazilian people”.
In other ways, however, the differences between 1992 and 2015 appear to weigh against Rousseff. In Collor’s day, there was no massive corruption scandal in the same league as Operation Car Wash, and the recession of that year was much milder than the depression Brazil is now in. These elements complicate the scenario going forward, and endanger Rousseff even though she appears to have the votes to prevent impeachment.
For example, the arrest in late November of Delcídio do Amaral, a serving PT senator, over allegations of perverting the course of justice by attempting to bribe a witness in Operation Car Wash is unprecedented in Brazilian politics. Should Amaral co-operate with prosecutors, he may bring down others in the top echelons of the senate. Equally, another unknown is how bad the economic situation will get. Goldman Sachs now argues that Brazil is entering a depression, with the economy now expected to contract by more than 3% this year and more than 2.5% next year.
Such a poor economic performance will inevitably impact jobs. Unemployment is already rising, with some expecting it to reach 10% by the end of the year. If this trend continues, there are likely to be many more protesters on the streets calling for Rousseff’s ouster. At present, street protests have been limited to the coxinhas, Brazil’s white, upper-middle class elite, but should the povão, the masses, turn out in force, Rousseff’s days are likely to be numbered.
A recent vote count, after the impeachment case was filed, suggests Rousseff has around 120 votes solidly in her support in congress; the pro-impeachment camp has around 206. With 324 votes needed to continue the impeachment process, the pro-impeachment camp are still some way short. But the arithmetic could change rapidly. At the beginning of Fernando Collor’s impeachment process, then-future President Fernando Henrique Cardoso said the hearing was likely “to end in pizza”, the Brazilian term for when a corruption scandal peters out without convictions.
Temer’s missive
Already there are signs of the delicate relationship between the PT and the PMDB rupturing, with potentially ruinous consequences for the government. On 7 December, the local media published a leaked letter from the vice-president, Michel Temer, to Rousseff.
In the three-page, 11-point document, Temer unleashed a long series of grievances about the president’s apparently unwillingness to trust either Temer or his party. Though Temer was reportedly “surprised” and ”irritated” by the leaking of the letter, its authenticity was quickly confirmed by his spokesperson and appears consistent with his plan of uncoupling the PMDB from the government. Without the support of at least some of the PMDB, it may prove difficult for President Rousseff to survive the impeachment process against her. Temer, the next-in-line should Rousseff be impeached, appears to be manoeuvring himself into position as her successor.
In particular, Temer lamented the fact he was considered a “decorative” vice-president, excluded from various key decision-making meetings, and accused of betrayal when he sought to use his influence to reach across to political opponents to ensure the passage of government legislation. “I have always worked to keep the unity of the PMDB supporting your government, using the political prestige that I have within the party,” he wrote. “This was not enough to win your trust”.
What this means for the future of the coalition between the PT and the PMDB, the foundation of the government, is not yet clear. Temer insisted that he was not proposing a split between the parties, he was instead working towards “the reunification of the country”. The vice-president’s entourage insist that he wrote the letter for the sake of clarity, lamenting the fact that whatever he did, he would be accused of ‘coup-mongering’ by the PT.
So far, Rousseff has not responded to the letter, though before its publication she insisted that she had full confidence in Temer. Separately, she continued to defend herself, arguing that there is no justification for impeachment. “They accuse me of having paid Bolsa Família [a social assistance programme] and Minha Casa, Minha Vida [a social housing programme]. I paid it, yes, but with the money of the Brazilian people,” she said.
The impeachment request accepted by Cunha accuses Rousseff of breaking the law by using illegal accounting manoeuvres to balance the books. Specifically, Rousseff is accused of using public banks to fund social programmes to keep the payments off the government’s books.
Legally, however, most analysts agree that the basis is thin, based as it is on the federal court of accounts (TCU) condemnation of the government’s accounts for 2014, during her first term. Firstly, the TCU is not a proper court, but an advisory body to congress, and its rulings have no legal force. Secondly, Rousseff could not be impeached for acts committed during her first term, so her accusers have merely made the assumption the accounting practices carried out in 2014 continued into 2015.
The formation of the special commission on impeachment was due to be finalised by Cunha as we we went to press. This looks like another manoeuvre to delay the ethics committee investigation into Cunha’s alleged lying to congress. If the timetable of the two clash, the impeachment commission will take precedence over the ethics committee, pushing its work back yet again.
Datafolha poll
On 29 November, Datafolha published a poll showing Rousseff’s approval rating had improved slightly from 9% to 10%. Her rejection rating had fallen too, from 71% to 67%. The survey also asked respondents to name the worst problem in Brazil. For the first time, corruption topped the list with 34%, followed by health, unemployment, education, then public safety.
- Worst quarter for 20 years
On 1 December, the national statistics agency (IBGE), released the GDP data for the third-quarter of 2015, showing a retraction of -1.7% quarter-on-quarter and -4.5% year-on-year. BNP Paribas expects GDP to contract by 3.8% in 2015; Credit Suisse predicts GDP to fall 3.5%.