Oct 06 2023 | Nº. 87

Editorial

Although President Luiz Inácio Lula da Silva has yet to announce his nominee for the spot on the Supreme Federal Court (STF) vacated by the retirement of Rosa Weber, he is widely expected to choose Justice Minister Flavio Dino. This comes amid a debate that heated up in the Senate this week regarding new limitations on the powers of STF justices. Members of the STF have found themselves in the center of political attention for years, but especially in the tense aftermath of the January 8 insurrection in Brasília carried out by supporters of former president Jair Bolsonaro. The court has also taken on topics that remain controversial in Brazilian political debate, particularly given the polarization that continues to shape public discourse. On Wednesday, the Senate's Constitution and Justice Committee approved a measure prohibiting the ability of individual STF justices to grant injunctions in cases involving the President of the Republic and the heads of the Legislative Houses. Furthermore, as Bela Megale reported, key senators are also confident that they will establish a twelve-year term limit for STF magistrates and increase the minimum age to join the court, currently set at thirty-five years of age. Currently, the only restriction on justices is that they must retire at the age of seventy-five.

Flavio Dino has previously signaled his support for term limits on STF justices, a position he reiterated this week. “I defended it [in 2009] and I still defend it today,” he told GloboNews, adding that “this is a good model, a model that Europe practices. Not the USA, the USA has the ‘good service’ clause, which does not even have compulsory retirement. They are very different models, but I think the mandate is an important change.” If Lula does name Dino to the STF, whoever succeeds him in the Ministry of Justice will face the challenge of a spike in violent crime and police killings in several states. On Monday, Dino authorized an extra R$20 million in federal contributions to the Public Defense Fund for Bahia, a particularly hard-hit state governed by members of Lula’s Workers’ Party for over a decade. Some have called for dividing the Justice Ministry into two entities, one focused exclusively on public safety. Dino–and, reportedly, Lula—have said that is necessary. Concerns about basic security have been a recurring issue in Brazilian life, one that contributed to Bolsonaro’s victory in 2018. The government must develop a workable solution.

Highlights

• SUMMARY EXECUTIONS. Three armed men dressed in black executed Diego Ralf de Souza Bomfim and two other doctors and colleagues of his at close range in an upscale neighborhood of Rio de Janeiro in the early hours of Thursday, October 5. Bomfim is the brother of Sâmia Bomfim and brother-in-law of Glauber Bomfim, both federal congressional representatives and members of the left-wing party PSOL. A fourth doctor was injured by more than one shot fired. The group was in Rio to participate in an orthopedics conference. The criminals didn't steal anything.

• FEDERAL INVESTIGATION. Minister of Justice Flávio Dino ordered the Federal Police to monitor the investigations into the case. In Brazil, homicides like this one are normally investigated by the Civil Police of the state in which the crime occurs. Dino's decision to involve the federal government in the investigation was taken because of the connection between one of the victims and members of congress, which reinforces the suspicion of a politically-motivated crime. President Luiz Inácio Lula da Silva expressed solidarity with the families of the victims and supported Dino's decision.

• MILITIAS IN RIO. There are still no conclusions about the case, but one suspicion commented on by political analysts is that the crime was committed by militias operating in Rio de Janeiro, as was the case in the murder of city councilor Marielle Franco and the driver her, Anderson Gomes in March 2018. Militias are illegal armed groups made up of members and former members of police forces. These groups exercise control over entire regions of Rio de Janeiro, where they illegally exploit the local economy in a mafia-like fashion. Execution is one of the ways militias intimidate opponents. One line of investigation suggests the crime may have been committed by mistake, as one of the executed doctors physically resembled the son of the leader of a rival criminal faction.

• COUP D'ETAT. The failed coup d'état attempt that occurred on January 8 continues to be the target of investigations by the Joint Parliamentary Commission of Inquiry, established by the Congress. At the same time, trials are being carried out by the Brazilian Supreme Court. This week, the Federal Police looked into the actions of members of the Brazilian Army's special forces. There is a suspicion that they participated in the invasion of the headquarters of Presidency, Congress and Supreme Court wearing black head masks to avoid being identified by security cameras. So far, three defendants have been convicted of involvement in the coup attempt, and a majority of the Supreme Court has voted to convict another five.

• ELECTORAL REFORM. The Brazilian Congress had been discussing a package of electoral reforms that was seen as a threat by civil society organizations. This package provided, for example, for the amnesty of fines imposed by the Electoral Court on political parties that had violated the rules that establish quotas for black and women candidates in elections. Furthermore, the package proposed reducing the percentage of female and black candidates on the tickets formed by parties. The changes are still under discussion and could still be approved, but this week Congress missed the deadline for the package to be valid in the municipal elections, which will take place in in October 2024.

• LULA'S HEALTH. President Lula will only be working remotely while recovering from hip surgery he had last week. He was discharged from the hospital on Sunday, October 1. Total arthroplasty surgery was performed because the president had bone degeneration in his hip. Since the 2022 election campaign, he had complained of pain in this region of his body. While recovering, the president has no public agenda and is prohibited from receiving visitors for two weeks. The weekly program he maintains on the internet did not air on Tuesday, October 3.

• GOVERNMENT APPROVAL. A CNT/MDA survey published on Tuesday, October 3 shows that 71 percent of Brazilians consider the Lula government to be “great,” “good,” or “regular.” This percentage is even higher among women (74 percent) and among the poorest people (79 percent). The data is close to the results of the survey that the Datafolha Institute published in September where 38 percent consider the Lula government “excellent” or “good,” while 30% consider the government “regular” – a total of 68 percent, compared to 71 percent in the CNT/MDA poll.

NEWS FROM SOCIAL ORGANIZATIONS AND MOVEMENTS:

BRAZIL IN TRANSITION. Registration is now open for the “Brazil in Transition” conference, which the WBO and Georgetown University are organizing on October 19 and 20 in Washington DC. Over the course of two days, fifteen experts on the environment, democracy, public security, economy and other relevant topics will participate in five panels to discuss the current scenario. The event will be broadcast live on the university's History Department YouTube channel.

DEAD AND MISSING. The Brazilian Coalition for Memory, Truth, Justice, Reparation and Democracy published on Wednesday, October 6 an open letter in which it reiterated its demand for the Special Commission on Political Deaths and Disappearances to be restored, which was abolished during the government of President Jair Bolsonaro. The group defends the restitution of the Commission on October 25 with the participation of relatives of the dead and missing, as well as Brazilian civil society organizations.

NO CENSORSHIP. On Wednesday, October 4 the judicial system accepted an important appeal filed by Conrad Hubner, Laut member, law professor and columnist for the Folha de São Paulo newspaper, in a case that was filed against him by Augusto Aras, the now former attorney general of the republic.  Hubner managed to get the case returned to the lower court and now it is most likely to be archived. Aras sued Hubner for the crimes of insult, slander and defamation for an article in which the columnist said that the now former prosecutor had associated himself with Bolsonaro in the disastrous health policy that led Covid-19 deaths in the country to break world records.

ANTI-RACISM COMMUNICATORS. On October 10, the Peregum Black Reference Institute and the SETA Project will hold an event at the headquarters of the Folha de São Paulo newspaper that is aimed at journalists, public relations and press relations professionals, internet content producers and others communicators regarding anti-racist communication. The idea is “to have communicators as allies in the construction of content that promotes racial equity and influences the public debate in a critical perception of the subject.” Information and registration at this link.

ANTI-RACIST DIALOGUES. In a similar initiative, Ceert (Center for the Study of Labor Relations and Inequalities) promoted, in partnership with six other organizations, the second edition of the “Anti-Racist Dialogues: Education, Democracy and Equity” at the headquarters of Instituto Moreira Salles and at Sesc Belenzinho in São Paulo on October 3 to 5. The event discussed “the role of the black population in building a more just and equitable society”.

CHILDREN'S DAY. The MTST (Homeless Workers Movement) launched a fundraising campaign to finance Children's Day (October 12) in the poor neighborhoods of São Paulo. Using the key pix educacao.mtst@gmail.com, any donor can help the organization buy toys and school kits for children.

Feature Article

by Stanley Gacek

The Potential of the Biden-Lula Global Partnership for Workers’ Rights – A Moment to be Seized

On September 20, following the delivery of their official speeches at the opening of the 2023 session of the UN General Assembly, Presidents Luiz Inácio Lula da Silva and Joe Biden officially launched the “Joint U.S.-Brazil Global Partnership for Workers’ Rights” at the Inter-Continental Barclay Hotel in New York City. The announcement of this initiative signifies an unprecedented moment in the history of Brazil/U.S. relations. Although the MTE (Brazilian Labor Ministry) and the US/DOL (Department of Labor) have developed and maintained memoranda of understanding for labor cooperation in the recent past, this is the first time that both countries have launched an ambitious labor rights initiative at the top presidential level for the benefit of workers in Brazil, the United States, and the entire world.

Union leaders from both countries were present at the launch, including the presidents of the six largest national trade union centrals in Brazil (CUT, FS, UGT, NCST, CTB, and CSB), as well as U.S. union officials from the AFL-CIO, the UFCW (Food and Commercial Workers), the RWDSU/UFCW, Teamsters, IBEW (Electrical Workers), and the AFT (Teachers). And given the global scope of the initiative, the Director-General of the UN’s International Labor Organization (ILO), Gilbert Houngbo, was present at the ceremony, speaking after the Brazilian and U.S. presidents delivered their remarks.

Although the ILO is tripartite in its structure and governance, including employer as well as worker and government representatives, international business organizations are not a direct and official part of the initiative, since it is worker and union centered. As a matter of fact, the joint declaration states that it has been “working people” who have “built our countries”, and, “in the face of complex global challenges…we must put workers at the center of our policy solutions.” “We must stand with workers and empower them to drive the innovation we urgently need to secure our futures.” Nevertheless, the White House observed in its fact sheet further explaining the initiative, that there would be an effort to engage “private sector partners (emphasis added) on innovative approaches to creating decent work in key supply chains and addressing discrimination in the world of work.”

The initiative focuses on “five of the most urgent challenges facing working people around the globe: (1)- protecting workers’ rights as defined in the International Labor Organization’s core conventions, empowering workers, and ending worker exploitation, including forced labor and child labor; (2)- promoting safe, healthy, and decent work, and accountability in public and private investment; (3)- advancing worker-centered approaches to the clean energy transition; (4)- harnessing technology and digital transitions for the benefit of all; and (5) – tackling workplace discrimination, particularly for women, LGBTQI+ persons, and marginalized racial and ethnic groups, embracing and promoting diversity in and access to the world of work.”

There was no joint, organized, and formal consultation procedure with the trade union movements of both countries prior to the launching of the partnership. Had there been, there might have been even more emphasis on the specific ILO core conventions guaranteeing trade union rights in the document. Nevertheless, the reference to “core conventions” unquestionably includes such rights by implication. Moreover, the leaders of the Brazilian and U.S. union movements present at the launch agreed with the five general dimensions of the initiative, and they are most enthused with its promise and potential.

The declaration reveals an intent to more directly involve the Brazilian and U.S. labor movements in the implementation of the initiative with the following language: “we intend to work collaboratively across our governments and with our union partners (emphasis added) to advance these urgent issues over the next year (emphasis added), envisioning a common agenda to discuss with other countries in the G20 and in the COP 28, COP 30, and beyond.” The reference to  over the next year is certainly critical to advancing durable commitments and investments prior to the 2024 elections in the United States, whatever the outcome may be.

Funding of the partnership is essential if it is to be more than just a statement of good intentions. It needs to produce authentic results, bringing real power to workers and their unions in Brazil, the United States, and the entire world. In its fact sheet, the White House mentions: “supporting and coordinating labor-related technical cooperation programs”, welcoming Brazil “in the Multilateral Partnership on Worker Organizing, Empowerment and Rights” (M-Power)”, and “working with Brazil to bring additional stakeholders and global partners…”. Such references suggest the prospect of real material support for the initiative, and commitments need to be made soon.

Given President Lula’s unparalleled and globally recognized role in the construction of Brazil’s “new unionism”, which challenged the military dictatorship and the corporatist labor relations order of the late 1970’s and early 1980’s, and with Joe Biden arguably being the most pro-union president in American history, the joint initiative creates a special and unprecedented moment in Brazil/U.S. relations. The moment must be seized, and the Brazilian and American union movements must guarantee that it is.

Stanley Gacek is Senior Advisor for Global Strategies, United Food and Commercial Workers International Union (UFCW), since September, 2016; Deputy Director and Officer in Charge, International Labour Organization (ILO) Office in Brazil, 2011 to 2016; Member of the District of Columbia Bar Association since 1979 and member of Washington Brazil Office (WBO) Board of Directors. The author witnessed the launching of the Biden/Lula Global Labor Initiative on September 20, 2023 in New York City. This text was originally written for issue 87 of the WBO Newsletter, published on October 6, 2023. Fill in the form at the bottom of the text to access and subscribe to the WBO weekly newsletter in English.

Feature articles express the opinions of the author and do not necessarily reflect the opinions of the editors or WBO.