Brazil's new agenda

By Fábio Medina Osório

Jurist, Former AGU Minister

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The president-elect, Jair Bolsonaro, is already outlining the focus of his government on aligning Brazil with the best practices of the developed world. Indeed, as to electoral campaigns, it is fundamental that the programs presented to voters gain density in management plans. This stems from the democratic principle itself, which is based on the popular vote. So-called “electoral fraud” cannot be admitted or tolerated.

And Bolsonaro has already shown that he seeks to be faithful to the project approved at the polls. He was very clear in grounding his platform on a few structuring axes: combating corruption; promoting public security; implementing a liberal market economy.

His government’s priorities will be security, health and education, with zero tolerance for crime, corruption and privileges. The president-elect spoke out against any form of regulation or social control of the media. He projected an economic policy committed to low inflation and job creation. He made clear, however, that there will be a confrontation with the shady interest groups that “almost destroyed the country”. He committed to a rapid cultural transformation with regard to impunity. He promised to give prominence to the Armed Forces, as they are certainly among those that suffered most in the process of attrition under previous governments.

In his campaign platform, Bolsonaro stressed that “we were the only country in Latin America to fight the Nazis,” underscoring that “today the population looks to the Armed Forces as a guarantee against barbarism.”

In fact, there is no developed country without solid Armed Forces. In this case, the president-elect, in his platform, warned that the Armed Forces would have an even more important role in the immediate challenge of combating organized crime, and that it is important to seek greater integration among the other public security bodies, mainly in the strategy of raising the security of our borders.”

The first signs from the elected government were emblematic. In the economic, military and political areas, men of unblemished conduct, with solid résumés, respected and well known, were appointed. In the transition, a first-rate technical staff.

It should be noted that the integration of Judge Sérgio Moro as minister greatly enhances the government and strengthens the belief that the agenda in the areas of anti-corruption and combating organized and violent crime will be consistent.

The theoretical and practical résumé of magistrate Sérgio Moro speaks for itself, vigorously projecting the image of the new government internationally.

It is evident that decisions made by Moro went against many interests and that convicted defendants will now say, even as a defense technique, that the Judge acted out of political motivation.

It will be useless to maintain that Moro acted with partiality in the Car Wash (Lava Jato) trials. We all know of the effort by a portion of the PT to destroy Brazil’s image abroad, including through use of the administrative machinery, when Dilma Roussef still held the government.

At the time, the thesis was advanced that Brazil was not a democracy and that the impeachment was a farce. It was alleged that there was persecution by the Judiciary against former president Lula. The STF, the STJ and the TRF4 were supposedly part of this sordid maneuver. In other words, Brazil would not have an independent Judiciary.

Sérgio Moro has always been the target of brutal attacks by those affected by Car Wash (Lava Jato), especially by those whose political project involved the moral deconstruction of the judge and of Brazilian democracy.

The truth is that Justices of the STF have served in governments and from there migrated directly to the Constitutional Court, without later declaring themselves disqualified or biased to judge cases involving members of the Government in which they served. Say that a given Justice was affiliated with a political party, and a member of a Government. Later, nominated by that Government, amid the most diverse influences and behind-the-scenes conversations, to the STF. Even so, he did not declare himself biased or disqualified to judge cases involving members of that Government. Or, even without having been affiliated, he acted intensely in defending the interests of a given government, and later came to be nominated. And this has occurred with several Justices throughout the history of the STF.

A generalized suspicion was never cast on cases judged by STF justices appointed by heads of government. Now, if such conduct is legitimate, it would be far more legitimate to allow Sérgio Moro to leave the Judiciary to join a Government, whichever it may be, since he acts under the organic law of the judiciary and the Constitution. There is not even any reason to consider the bias of Operation Car Wash on account of Sérgio Moro's departure in these circumstances.

Moro will be relieved of the post of judge and may act in the exercise of another public function. And there is nothing new in this kind of move, as is known. Other judges have left the bench to run for elected office.

Truth be told: Moro, when he exercised jurisdiction, convicted politicians of every party and ideological stripe. He received defamatory and infamous attacks on account of the legitimate exercise of his functions. In the face of the attacks on his honor that he suffered, Moro was permanently supported by the Brazilian Association of Federal Judges. Do not imagine that this Association – AJUFE – lends support to every magistrate in the face of attacks suffered. There are ethical filters.

Sérgio Moro was and will continue to be — this is the people’s hope — an ethical reference for the Brazilian Nation. He has an enormous challenge ahead. And the president-elect has shown that his agenda is coherent and backed by the democratic principle.