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With Brazil Ex-President’s Fate in Balance, Army Chief Weighs In Tensions High as Brazil’s Supreme Court Debates Lula’s Fate
(about 11 hours later)
SÃO PAULO, Brazil — On the eve of a fateful court ruling that could determine whether a former president of Brazil continues a comeback bid or goes to prison, the army chief made a rare incursion into politics Tuesday night, saying that the armed forces “repudiated impunity.” SÃO PAULO, Brazil — Brazil’s highest court deliberated Wednesday in an explosive case that will determine whether former President Luiz Inácio Lula da Silva, a towering political figure and a front-runner in this fall’s presidential election, should be sent to prison while he appeals his corruption conviction.
The former president, Luiz Inácio Lula da Silva, is considered the front-runner in Brazil’s presidential election later this year, despite his conviction on corruption charges. The country’s highest court is expected to decide on Wednesday whether a lower court can send him to prison while he appeals the conviction, which would end his campaign. The decision not only has the potential to quash the political ambitions of Mr. da Silva, who is leading in the polls for the October vote, but also to reshape Brazil’s justice system in the middle of a long-running bribery and money-laundering investigation.
In two posts on Twitter on Tuesday night, Gen. Eduardo Villas Bôas declared that the army was “heedful of its institutional missions,” and that the military “repudiates impunity, respects the Constitution, social peace and democracy.” The messages were retweeted more than 10,000 times and liked by more than 20,000 in just three hours. Justice Roberto Barroso, who voted against Mr. da Silva’s remaining free, noted the president had left office with high approval ratings and an impressive set of accomplishments.
The remarks heightened tensions and sparked accusations that Brazil’s military, which has been largely silent on political debates since democracy was restored in 1985, was signaling how it wanted the country’s top court to rule on an enormously polarizing issue. “We are not debating about a political legacy,” he said. “It is whether jurisprudence that the court settled must be applied to all people. It is a test of our democracy.” The court’s hourslong deliberations stretched into the evening with the outcome uncertain.
Critics viewed the comments as undue pressure, or even a veiled threat of military intervention if the Supreme Federal Tribunal were to allow Mr. da Silva to avoid imprisonment, even temporarily, and continue his bid for a third term in office. Ratcheting up tensions, the head of Brazil’s army, Gen. Eduardo Villas Bôas, made a rare incursion into politics on Tuesday night, saying that the armed forces “repudiated impunity.”
He has a significant lead in polls ahead of the October election. In two posts on Twitter, he declared that the army was “heedful of its institutional missions,” and that the military “repudiates impunity, respects the Constitution, social peace and democracy.” The messages were retweeted more than 10,000 times and liked by more than 20,000 in just three hours.
Rodrigo Janot, the former attorney general, responded on Twitter: “This definitely isn’t good. If it is what it seems, another 1964 would be unacceptable,” he said, referring to the coup that ushered in a two-decade military dictatorship in Brazil. The remarks set off accusations that Brazil’s military, which has been largely silent on political debates since democracy was restored in 1985 after a two-decade military dictatorship, was signaling how it wanted the country’s top court to rule on an enormously polarizing issue.
But many, including other military leaders, tweeted their support. “We’re in the trenches together!!! We think alike!!! Brazil above all!!!” wrote Gen. Antonio Miotto. Critics viewed the comments as undue pressure, or even a veiled threat of military intervention if the Supreme Court were to allow Mr. da Silva to avoid imprisonment, even temporarily, and continue his bid for a third term in office.
President Michel Temer did not react to the controversial comments. But many, including other military leaders, tweeted their support for General Bôas. “We’re in the trenches together!!! We think alike!!! Brazil above all!!!” wrote Gen. Antonio Miotto.
Passions have flared as the Supreme Court prepares to rule on the fate of Mr. da Silva, a towering political figure who was once the most popular leader in Brazil but now bitterly divides opinions. If the court rules against him, the federal judge who presided over his trial is expected to issue an arrest warrant for Mr. da Silva as early as Thursday. Mr. da Silva was found guilty last year of taking bribes, in the form of an oceanfront apartment, in return for steering contracts to a construction company. An appeals court upheld the verdict in January.
Mr. da Silva was found guilty last year of taking bribes, in the form of improvements to an oceanfront apartment, in return for steering contracts to a construction company. An appeals court upheld the verdict in January. The Supreme Court ruling will not technically determine Mr. da Silva’s eligibility to run for a third term.
His supporters say the case against him is nothing more than political persecution, and have vowed to take to the streets if the court rules he can be sent to jail while he fights to overturn his conviction. The Supreme Electoral Tribunal, which will review candidate eligibility forms starting in mid-August, is widely expected to reject Mr. da Silva’s bid under the “clean slate” law, which disqualifies anyone who has a criminal conviction that has been upheld by an appeals court.
But thousands of Mr. da Silva’s critics demonstrated Tuesday night in favor of sending him to prison, demanding that justices uphold their 2016 ruling that allows trial judges to jail defendants after a first appeal has been rejected. More than 5,000 prosecutors and judges have signed a petition supporting that position. Legal experts say Mr. da Silva could try to fight the electoral court’s ruling if he were to remain free, but his imprisonment would make that quest all but impossible. His supporters say the case against him is nothing more than political persecution, and have vowed to take to the streets if the court rules he can be sent to jail while he fights to overturn his conviction.
For many, there is more at stake than Mr. da Silva’s legal and political future. The court’s decision will have broad implications for Brazil’s justice system and the scores of politicians and businessmen engulfed in the massive corruption investigation known as Carwash. Passions flared in the days leading up to the Supreme Court session. Thousands of Mr. da Silva’s critics demonstrated Tuesday night in favor of sending him to prison, demanding that the justices uphold a 2016 ruling that allows trial judges to jail defendants after a first appeal has been rejected. More than 5,000 prosecutors and judges have signed a petition supporting that position.
In an editorial published in the Folha de S. Paulo newspaper Wednesday morning, Prosecutor General Raquel Dodge said allowing defendants to remain free after repeated appeals were rejected was an “exaggeration that annihilates the justice system because then justice is delayed, and for this, it fails.” On Wednesday, demonstrators in support of and against Mr. da Silva’s imprisonment gathered outside the court in Brasília where the 11 justices were casting their votes. If the court ruled against him, the federal judge who presided over his trial was expected to issue a warrant for Mr. da Silva’s arrest as early as Thursday.