While many Republican politicians backed Trump’s baseless claims of electoral fraud and later offered support for the Jan. 6 participants facing prosecution and sentencing, there was less sympathy in Brazil’s more fragmented multiparty political landscape for the Jan. 8 offenders. “There is a consensus in our country, among the political class, to condemn these acts,” Ciro Nogueira, a prominent lawmaker who served for a stint as Bolsonaro’s chief of staff when he was president, told the New York Times last year. “I think it’s really unfortunate that a portion of American politicians applaud this type of protest.” As the Harvard political scholars Steven Levitsky and Daniel Ziblatt observed last year, Brazilian civil society, big business groups and even the Catholic Church came out strongly against the possibility of a subversion of the country’s democratic order. New investigations have revealed that top Brazilian military officials balked at Bolsonaro’s alleged coup plot, much to the former president’s chagrin. Andre Pagliarini, a professor of Brazilian history at Louisiana State University, pointed to virtues of Brazil’s “postdictatorial institutional design.” The country’s 1988 constitution empowered the judiciary to take a strong line in defending civic and democratic institutions, especially the integrity of elections. Alexandre de Moraes, a top justice appointed by a right-leaning president in 2017, has been “focused on the Jan. 8 insurrection in Brasília in a way that no single legal actor in the U.S. — [Attorney General] Merrick Garland, lower courts, or the Supreme Court — has been,” Pagliarini told me. For his efforts, Moraes has engendered the fury of Bolsonaro and his allies, and locked horns with tech titan Elon Musk over Brazil’s moves to curb online disinformation on social media criticized as harmful to the country’s democracy. In 2022, with polls pointing to a looming defeat, Bolsonaro spent weeks spreading conspiracy theories about Brazil’s electronic voting machines and warning without meaningful evidence over possible fraud should he lose. Those efforts contributed to the June 2023 decision of Brazil’s top electoral court — another institution that has no parallel in the United States — to bar Bolsonaro from seeking office for the rest of the decade. Bolsonaro and his allies used “freedom of speech” as a “shield for crimes against democracy and a military conspiracy to overthrow it,” the senior Brazilian official told me. “The Supreme Court was empowered and ready to avert it.” The effect of that ruling barring Bolsonaro was “to scramble the Brazilian far right rather than allowing it to regain organizational cohesion as it did in the U.S. in the years after January 6,” Pagliarini said. “With Bolsonaro legally out of the running, the right is in disarray over who to back against Lula in 2026.” To be sure, Lula’s supporters have had their own doubts and fears about Brazil’s judicial system: Lula, who has been president twice, only returned to power in a grand comeback after serving part of a prison sentence for corruption — a ruling that made space for Bolsonaro’s rise, handed down by a judge who would go on to serve as Bolsonaro’s justice minister, and who an investigation by the Intercept later revealed had colluded with prosecutors to target Lula. With Trump returning, Bolsonaro and his allies could have a path forward. Trump and Bolsonaro sympathizers in his orbit may see in the former Brazilian president’s situation a reflection of their own battles. “We will see public pressure from Trump on Brazil’s Supreme Court, via the threat of sanctions against specific judges, to allow Bolsonaro to run in 2026,” Brian Winter, editor in chief of Americas Quarterly, suggested to me. “It will get loud and contentious, and it may backfire against Bolsonaro because I don’t think Brazil will react well to this kind of pressure.” Nevertheless, “Bolsonaro’s supporters remain, and they now have even less faith in the system than before, possibly radicalizing some of them even more,” Winter said. “We’ve seen this in Latin American history before — the most famous case possibly being when Juan Perón and his supporters were banned from politics in Argentina in the 1950s and 1960s, and he took on almost a mystical importance, the popular clamor growing until he was finally allowed to return in 1973. It’s an open question whether these bans backfire or not over time.” |
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