Crimes of Lula and Bolsonaro: Comparison

Crimes of Lula and Bolsonaro: The political careers of Luiz Inácio Lula da Silva and Jair Bolsonaro are marked by various controversies and accusations. This article offers a detailed comparative analysis of the main accusations and convictions faced by both leaders, reflecting their respective legal and political trajectories.

Luiz Inácio Lula da Silva

Major Crimes, Accusations, and Convictions:

Operation Lava Jato:

The Operation Lava Jato is a large-scale corruption investigation in Brazil that began in 2014. The operation uncovered a scheme involving politicians, Petrobras executives, and major construction companies, resulting in billions in embezzled funds and a profound impact on the country’s politics and economy.

Triplex Guarujá:

receiving undue benefits in the form of a triplex apartment in Guarujá, São Paulo. The case was a major aspect of Operation Lava Jato, with Lula being convicted of passive corruption and money laundering.

Conviction: Lula was convicted of passive corruption and money laundering to 9 years and 6 months in prison, with the sentence increased to 12 years and 1 month on appeal. The conviction was annulled by the Supreme Federal Court (STF) in 2021.

Involved Parties:

• Odebrecht: Construction company that carried out renovations on the triplex.
• Léo Pinheiro: Former president of OAS, involved in the renovation.
• Renato Duque: Former Petrobras director, involved in the corruption.
• Emílio Odebrecht: Former president of Odebrecht, implicated in the scheme.

Severity: Involved misappropriation of public resources and favoritism towards companies.

Atibaia Site:

The Atibaia Site case involved accusations that former President Lula and his wife received improvements and renovations to a property in Atibaia, São Paulo, as undue advantage from construction companies. This case was also part of Operation Lava Jato, with Lula being convicted of passive corruption and money laundering.

Conviction: Lula was convicted of passive corruption and money laundering to 12 years and 11 months in prison. The conviction was annulled by the STF in 2021.

Involved Parties:

• Odebrecht and OAS: Construction companies responsible for the site’s renovation.
• Marisa Letícia: Lula’s wife, beneficiary of the scheme.
• Fernando Bittar: Lula’s friend, who had the site renovated.

Severity: Misappropriation of resources and favoritism towards companies.

Mensalão:

The Mensalão was a scheme involving the payment of bribes to lawmakers supporting Lula’s government, using public funds to ensure political backing. Uncovered in 2005, the scheme involved the embezzlement of approximately R$ 101.6 million. Several political leaders and members of the PT were convicted by the STF, including José Dirceu and José Genoino.

Accusation: Involvement in the vote-buying scheme during his government. Lula was not convicted in this case, but many of his allies were.

Related Convictions:

• José Dirceu: Former Minister of the Casa Civil, convicted of active corruption and forming a criminal organization.
• Antonio Palocci: Former Minister of Finance, convicted of passive corruption and money laundering.
• Marcos Valério: Advertising executive, convicted of active corruption and money laundering.

Severity: Vote-buying compromising the integrity of the legislative process.

Trafficking Influence:

The influence peddling scheme involved using contacts and political power to gain undue advantages in contracts and business deals. In the context of Lula’s government, cases of influence peddling were associated with figures like Fernando Pimentel, who used his position to benefit his consultancy and associated companies. While there has been no formal specific conviction for influence peddling as a general practice, related cases were widely investigated.

Accusation: Lula was accused of influencing contracts for construction companies in international deals.

Involved Parties:

• Brazilian Construction Companies: Beneficiaries of the contracts. The influence peddling scheme involved using contacts and political power to gain undue advantages in contracts and business deals. In the context of Lula’s government, cases of influence peddling were associated with figures like Fernando Pimentel, who used his position to benefit his consultancy and associated companies. Brazilian construction companies such as Odebrecht and Andrade Gutierrez benefited from contracts facilitated through political influence. While there has been no formal specific conviction for influence peddling as a general practice, related cases were widely investigated.

Severity: Compromise of foreign and economic policies.

Obstruction of Justice:

Obstruction of justice refers to actions taken to hinder or impede legal investigations or judicial processes. In the context of Lula’s government and his allies, there were allegations that key figures attempted to interfere with corruption investigations and other crimes. Notable cases include attempts to manipulate legal processes and influence witnesses. In the context of Operation Lava Jato, various actions to obstruct justice were identified, including the destruction of documents and the intimidation of witnesses.

Involved Parties:

• José Dirceu: Former Chief of Staff, accused of attempting to influence investigations.
• João Vacari Neto: Former PT treasurer, involved in maneuvers to obstruct Lava Jato.
• Odebrecht: The company was accused of destroying documents and attempting to silence witnesses.

Accusation: Lula was accused of attempting to obstruct investigations by appointing himself Minister of the Casa Civil.

Involved Parties:

• Dilma Rousseff: Former president who authorized the appointment.

Severity: Compromising trust in judicial institutions.

Operation Zelotes:

Operation Zelotes is a corruption investigation led by the Federal Police that uncovered a bribery scheme involving the Administrative Council of Tax Appeals (CARF) to benefit large companies by reducing their tax liabilities. The scheme involved negotiating favorable rulings in exchange for bribes. Key accusations include manipulation of administrative processes and accepting bribes for favorable decisions.

Involved Parties:

• Large Companies: Beneficiaries of the illegal tax reductions.
• Administrative Council of Tax Appeals (CARF): Body involved in manipulating tax decisions.
• Executives and Public Officials: Accused of receiving and offering bribes.

Accusation: Lula was accused of participating in a scheme to buy provisional measures to benefit the automotive sector.

Involved Parties:

• Automotive Sector Companies: Beneficiaries of the measures.

Severity: Corruption and economic favoritism.

Box 2:

“Box 2” refers to a practice of corruption and tax evasion exposed during Operation Lava Jato and related investigations. The term “Box 2” describes the maintenance of undeclared parallel accounts where unregistered money was used to pay bribes and finance political campaigns unofficially. These accounts were typically used to conceal illicit transactions and evade scrutiny from tax authorities.

Involved Parties:

• Politicians and Public Officials: Involved in creating and using parallel accounts for bribes and campaign financing.
• Companies: Used to move money through parallel accounts, often linked to corruption schemes.
• Corruption Agents: Intermediaries who facilitated the flow of illicit money between companies and politicians.

Accusation: Lula was accused of receiving undeclared funds for electoral campaigns.

Involved Parties:

• Donors and Companies: Involved in fundraising.

Severity: Harm to electoral transparency.

Illicit Enrichment:

Accusation: Lula was accused of receiving undue advantages, including renovations on properties.

Involved Parties:

• Construction Companies: Involved in renovations and gifts.

Severity: Violation of public ethics.

Criminal Association:

Accusation: Lula was accused of being part of a criminal organization that diverted resources from Petrobras and other state-owned companies.

Involved Parties:

• José Dirceu: Involved in the criminal organization.
• Renato Duque: Participant in the scheme.

Severity: Compromise of institutional integrity.

Petrobras Theft:

Accusation: Lula was accused of corruption and money laundering in the Petrobras corruption scheme.

Involved Parties:

• Odebrecht, OAS, and other construction companies: Involved in resource diversion.
• Renato Duque and other Petrobras Directors: Participants in the scheme.

Severity: Devastating impact on the economy and trust in state-owned companies.

Partners and Associates Involved in Lula’s Crimes:

• José Dirceu: Former Minister of the Casa Civil, convicted of corruption and forming a criminal organization.
• Antonio Palocci: Former Minister of Finance, convicted of corruption and money laundering.
• Marcos Valério: Advertising executive convicted in Mensalão.
• Renato Duque: Former Petrobras director involved in Lava Jato.
• Léo Pinheiro: Former president of OAS, involved in Triplex.
• Emílio Odebrecht: Former president of Odebrecht, implicated in corruption.
• Fernando Bittar: Lula’s friend, benefited from the Atibaia Site scheme.
• Executives from Odebrecht and OAS: Various executives involved in corruption and money laundering.

Jair Bolsonaro

Major Crimes, Accusations, and Investigations:

Anti-Democratic Acts:

Accusation: Bolsonaro was accused of encouraging anti-democratic acts and attacks against Brazilian institutions.

Severity: Challenges to democracy and governance.

Interference with Federal Police:

Accusation: Bolsonaro was accused of attempting to interfere with Federal Police investigations.

Severity: Compromising the integrity of investigations.

Crimes Against Public Health:

Accusation: Negligent management during the COVID-19 pandemic, including promoting ineffective treatments and spreading misinformation. The COVID-19 Parliamentary Inquiry Commission (CPI) recommended his indictment.

Severity: Direct impact on public health and trust in health policies.

Militias and Corruption:

Accusation: Involvement with militias and the “rachadinha” scheme with cabinet staff.

Severity: Corruption and organized violence.

Hate Speech and Fake News:

Accusation: Dissemination of false information and hate speech.

Severity: Polarization and disinformation.

Sexual Harassment:

Accusation: Sexual harassment by a journalist during an interview.

Severity: Issues of ethics and behavior.

Misuse of Environmental Resources:

Accusation: Misuse of funds intended for environmental preservation, including protection of humpback whales.

Severity: Compromise of environmental policies and preservation.

Current Situation:

Lula: Convictions were annulled, and he returned to the presidency in 2022. The accusations continue to be debated.

Bolsonaro: Faces several investigations and legal challenges that could impact his political future. To date, he has not been formally convicted.

General Comparison

Conclusion Crimes of Lula and Bolsonaro

The legal trajectories of Lula and Bolsonaro highlight the impact of allegations and convictions on Brazilian politics. The evolution of accusations and investigations reflects the complexity and seriousness of the challenges faced by both leaders.