Brazilian court council removes a barrier to same-sex marriage

Simon Romero – The New York Times, 05/14/2013

The council overseeing Brazil’s judiciary ruled on Tuesday that notary publics cannot refuse to performsame-sex marriage ceremonies, a decision that opens the way for gay couples across Latin America’s largest country to marry.

The move by the National Council of Justice, a 15-member panel led by Joaquim Barbosa, the chief justice of the nation’s high court, effectively legalizes gay marriage throughout Brazil, legal scholars here said. The decision follows legislation in twoneighboring countries, Argentina and Uruguay, where lawmakers have managed to pass bills authorizing same-sex marriage nationwide in recent years.

Still, there is some room for judicial appeals of the Brazilian decision, potentially within the high court, the Supreme Federal Tribunal, and resistance may emerge in Congress, where gay-marriage legislation has faced opposition from an influential bloc of evangelical Christian lawmakers. Even so, supporters of same-sex marriage described the council’s decision as pioneering.

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First black court chief confronts corruption in Brazil

Raymond Colit, Arnaldo Galvao - Bloomberg, 12/20/2012

Joaquim Barbosa once pored over law tomes while working nights as a typesetter to pay for college. Now he is rewriting them — and the history books as well — as the first black chief justice of Brazil’s Supreme Court and the presiding judge in a landmark corruption case.

Barbosa, 58, rocketed to celebrity for his role in a trial that convicted close aides of former President Luiz Inacio Lula da Silva, who appointed him to the top court in 2003. In a country where few politicians are ever tried for corruption and virtually none go to jail, Barbosa led the way in arguing that Lula’s aides stole public money, used it to bribe lawmakers and should be punished with lengthy prison terms.

The son of a brick-layer and a cleaning lady, Barbosa overcame racial prejudices to galvanize sentiment for cleaner politics. While non-whites make up more than half of Brazil’s population, they hold only 8 percent of seats in Congress and earn half as much as whites, according to the statistics agency.

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A healthier menu

The Economist, 12/22/2012

SO RARELY has political corruption led to punishment in Brazil that there is an expression for the way scandals peter out. They “end in pizza”, with roughly the same convivial implication as settling differences over a drink. But a particularly brazen scandal has just drawn to a surprisingly disagreeable close for some prominent wrongdoers. The supreme-court trial of the mensalão (big monthly stipend), a scheme for buying votes in Brazil’s Congress that came to light in 2005, ended on December 17th. Of the 38 defendants, 25 were found guilty of charges including corruption, money-laundering and misuse of public funds. Many received stiff sentences and large fines.

The supreme court must still write its report on the trial, and hear appeals—though it is unlikely to change its mind. So in 2013 Brazilians should be treated to an unprecedented sight: well-connected politicos behind bars. José Dirceu, who served as chief of staff to the former president, Luiz Inácio Lula da Silva, was sentenced to almost 11 years; Delúbio Soares, former treasurer of the ruling Workers’ Party (PT), got almost nine. Under the penal code, at least part of such long sentences must be served in jail. The justices also decided that the three federal deputies found guilty will automatically lose their seats if and when those verdicts are confirmed.

Lula was not charged, and has always insisted he knew nothing of the scheme. But Marcos Valério, a former advertising man sentenced to 40 years, claims to have evidence that Lula knew what was going on, and that some of the dirty money paid his personal expenses. These allegations may be merely a desperate attempt by a condemned man to bargain down his jail term. The attorney-general characterised Mr Valério as a “player”, and said his claims should be treated with caution. But if he has significant new evidence the mensalão may yet rumble on.

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Will Brazil’s ‘mensalao’ corruption trial bring change?

Joao Fellet, Alessandra Correa – BBC Brasil, 12/07/2012

When, four months ago, Brazil’s Supreme Court began to judge one of the largest political scandals in the country’s recent history, many wondered if the trial could really deliver a decisive blow against corruption.

As the case approaches its end, a total of 25 out of 37 defendants have been convicted, some of them key political figures.

There is still room for those who were convicted to appeal, but few think the court will change its ruling and absolve them.

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Brazil has its first ever black head of the Supreme Court

UTC – MercoPress, 11/23/2012

The son of a bricklayer and a cleaner Barbosa, 58, pledged in his swearing in “to fulfil the duties of the office of the President of the Federal Supreme Court and the National Council of Justice under the law.”

Barbosa’s elevation to the top judicial post in Brazil, the last country in the Americas to abolish slavery, in 1888, has been heralded as a breakthrough. Despite constituting a majority of the population (52%), Afro-Brazilians languish at the bottom of the socio-economic ladder. Only 2.2% of Afro descendants make it to university.

Barbosa shot to fame as the court’s most vocal critic of a congressional vote-buying scheme laid bare in an ongoing trial — dubbed “Mensalao” or “big monthly payments” — of former president Lula da Silva’s top aides.

The scandal nearly cost Lula re-election in 2006, but the 66-year-old founder and leader of the leftist Workers’ Party was cleared.

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A blow against impunity

H.J. – The Economist, 11/15/2012

Brazil’s mensalão trial has brought many historic moments (see here and here), and this week saw one more: an impeccably well-connected politico getting such a long prison sentence that even the best lawyer will struggle to save him from doing time. On November 12th José Dirceu, who served as chief of staff for former president Luiz Inácio Lula da Silva from 2003 to 2005, was sentenced to ten years and ten months in jail for his part in the huge vote-buying scheme. Two other prominent members of the Workers’ Party (PT) also received stiff sentences: Delubio Soares, its former treasurer, got eight years and 11 months in prison, and José Genoino, its former president, six years and 11 months.

It sometimes appears that the Brazilian criminal-justice system locks people up on a whim. Half the prison population has either not yet been tried or is awaiting a final verdict, and much of the other half committed non-violent property or drugs crimes. But for those with resources, it allows huge scope for delay, leeway on sentencing and almost unlimited appeals. The three men, along with the other 22 who have been found guilty of crimes such as money-laundering, corruption, embezzlement and misuse of public money, benefited from a rule known as “privileged forum” which says that top politicians can only be tried for crimes in higher courts. In this case, the Supreme Court, which normally deals with constitutional, not criminal matters, had to decide to take the case. That meant that though the scandal surfaced in 2005, the trial only started this year, in August.

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Corruption trial makes black Brazilian judge a hero

Reuters/CNBC, 11/01/2012

As the biggest corruption trial in Brazilian history comes to an end with convictions of once-powerful politicians, at least one hero has emerged from the mess — the first black member of the country’s Supreme Court.

People stop Justice Joaquim Barbosa in the street to thank him. Revelers in Rio de Janeiro have been buying Barbosa carnival masks and wearing them in demonstrations. His childhood picture recently graced the cover of the country’s biggest newsweekly with the caption “The Poor Boy Who Changed Brazil.”s

The gratitude follows Barbosa’s dogged pursuit of guilty verdicts against some of the closest associates of former President Luiz Inacio Lula da Silva for their involvement in a widespread vote-buying scandal seven years ago.

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Sentencing Begins in Brazil Corruption Trial

Juliana Barbassa – Associated Press/ABC News, 10/26/2012

A political corruption trial seen as a turning point toward cleaner governance in Brazil is nearing its end, with the country’s Supreme Court starting to hand down tough sentences this week against powerful defendants.

Twenty five people have been convicted on charges related to the funneling of public money into political campaigns and a cash-for-votes scheme in the legislature. The court adjourned Thursday due to a judge’s health problem and will likely resume discussions of sentencing of the convicted in the second week of November.

The trial has riveted Brazil for months, with results that have tarnished the reputation of the governing Workers’ Party. The alleged corruption dates back to the government of former President Luiz Inacio Lula da Silva, though he has not been charged and denies the schemes happened.

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Barbosa made first black head of Brazil’s Supreme Court

BBC – 10/11/2012

Judge Joaquim Barbosa, who was born into a poor family, has been praised for his judicial independence.

He will take over the post once the “Mensalao” corruption trial ends.

Brazil has the largest black population after Nigeria. Many are descended from African slaves, but black people rarely achieve high office.

Mr Barbosa, 58, was elected by his fellow judges, following the Court’s tradition of nominating its most senior member.

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Mensalão trial resumes with voting on defendants from Worker’s Party (PTB) and Democratic Party (PMDB)

BBC Brasil – 9/26/2012

Justice Lewandowski’s vote on Jefferson is one of the most awaited moments of the day.

The Brazilian Supreme Court (STF) resumed the mensalão trial on Wednesday, September 26^th with the continuation of Supreme Court Minister, Justice Ricardo Lewandowski’s vote.

During the reading of his vote, he will judge the whistleblower, Roberto Jefferson (PTB), a former congressman accused of corruption and money laundering.

Jefferson is accused of receiving 4 million Real, in a scheme that became known as “valerioduto” in 2005 involving illegal payments to favor Lula in the polls.

Romeo Queiroz (PTB), José Borba (former PMDB) and Emerson Palmieri (former PTB) will also be judged.

Lewandowski had already condemned the former congressman and former president of PL (Liberal Party), Valdemar Costa Neto, on Monday, for bribery and money laundering.

Those accused from the PTB and PMDB have been convicted by Minister of the Supreme Court, Joaquim Barbosa, justice of the trial.

Upon first announcing his vote last week, Lewandowski showed to once again digress from Justice Joaquim Barbosa’s vote on the sentencing of the 12 defendants, according to Agência Brasil.

One of the divergent points between Lewandowski and Barbosa is on money laundering; a central issue involving the 13 defendants whose sentencing is, at this moment, being determined by the Brazilian Supreme Court.

On Wednesday, Barbosa stated that former congressman, Roberto Jefferson (PTB), has committed bribery.

Jefferson was the informant of the mensalão scandal. Among the charges that were analyzed are crimes of bribery, conspiracy and money laundering involving core parties allied in 2003 and 2004 during President Lula’s administration.

Watch video footage and read in Portuguese…