DOCUMENT #2

EXCERPTS OF ARTICLES IN THE INDEPENDENT INTERNATIONAL MEDIA ABOUT THE CAR WASH OPERATION (LAVA JATO OPERATION)

The Lava Jato Operation already became much more than a criminal corruption investigation, having contributed to change the mindsets of Brazilian people by enhancing their trust in public institutions - which are becoming more accountable, effective and transparent. Respected international media institutions are covering the impact of the Car Wash Operation and its influence in Brazil and Latin America, having generated requests for technical cooperation from more than 35 countries in all regions.

The Car Wash Operation has been positively depicted and praised by The New York Times, Time Magazine, The Guardian, Newsweek, The Wall Street Journal, Huffington Post, Al Jazeera, and other newspapers and magazines representing a wide media spectrum. In addition, the Car Wash Operation has been featured in the TV Show “60 Minutes”, as well as in other languages/countries - France, Germany, Italy, Japan, and many others.

Please find below a selection of media articles which reflect from an independent perspective the scope and impact of this initiative.

June 1st, 2017 https://www.theguardian.com/world/2017/ jun/01/brazil-operation-car-wash-is-this- the-biggest-corruption-scandal-in-history

(Article below) Operation Car Wash: Is this the biggest corruption scandal in history? Jonathan Watts Thu 1 Jun 2017 00.30 EDT

On 14 January 2015, police agent Newton Ishii was waiting in Rio de Janeiro’s Galeão airport to meet the midnight flight from London. His mission was simple. A former executive of Brazil’s national oil company, Petrobras, was on the plane. Ishii was to arrest him as soon as he set foot in Brazil and take him for questioning by detectives.

No big deal, the veteran cop thought as he ticked off the hours in the shabby Terminal One lounge. This was just one of many anti-bribery operations he had worked on. Usually they made a few headlines, then faded away, leaving the perpetrators to carry on as if nothing had happened. There was a popular expression for this: acabou em pizza (to end up with pizza), which suggested that there was no political row that could not be settled over a meal and a few beers.

When the plane finally landed, Ishii’s target was easy to identify among the passengers in the arrivals hall. Nestor Cerveró has a strikingly asymmetrical face, with his left eye set lower than the right. “He couldn’t believe it. He said I had made a mistake,” Ishii recalled later. “I told him I was just doing my job and that he could take up his complaints with the judge.”

Cerveró called his brother and a lawyer. He expected to be free before morning. Ishii, too, had few illusions that his suspect would be locked up for long. Decades on the force had taught him how quickly the rich and powerful could wriggle off the hook. There was little reason to think this case would be any different. As it turned out, both men were wrong.

The investigation that led to Cerveró’s arrest – codenamed Lava Jato (Car Wash) – was about to uncover an unprecedented web of corruption. At first, the press described it as the biggest corruption scandal in the history of Brazil; then, as other countries and foreign firms were dragged in, the world. The case would go on to discover illegal payments of more than $5bn to company executives and political parties, put billionaires in jail, drag a president into court and cause irreparable damage to the finances and reputations of some of the world’s biggest companies. It would also expose a culture of systemic graft in Brazilian politics, and provoke a backlash from the establishment fierce enough to bring down one government and leave another on the brink of collapse.

Launched in March 2014, the operation had initially focused on agents known as doleiros (black market money dealers), who used small businesses, such as petrol stations and car washes, to launder the profits of crime. But police soon realised they were on to something bigger when they discovered that the doleiros were working on behalf of an executive at Petrobras, Paulo Roberto Costa, the director of refining and supply. This link led prosecutors to uncover a vast and extraordinarily intricate web of corruption. Under questioning, Costa described how he, Cerveró and other Petrobras directors had been deliberately overpaying on contracts with various companies for office construction, drilling rigs, refineries and exploration vessels. The contractors they were paying had formed an agreement to ensure they were guaranteed business on excessively lucrative terms if they agreed to channel a share of between 1% and 5% of every deal into secret slush funds. Oil executive Nestor Cerveró, whose arrest marked a turning point in the Car Wash corruption investigation. Photograph: Evaristo Sa/AFP/Getty

After diverting millions of dollars into those funds, Petrobras directors then used them to funnel money to the politicians who had appointed them in the first place, and to the political parties they represented. The main objective of the racket – which fleeced taxpayers and shareholders out of billions of dollars – was to fund election campaigns to keep the governing coalition in power. But it wasn’t just politicians who benefited. Everyone connected to the deals received a bribe, in cash, or sometimes in the form of luxury cars, expensive art works, Rolex watches, $3,000 bottles of wine, yachts and helicopters. Huge sums were deposited in Swiss bank accounts, or laundered via overseas property deals or smaller companies. The means of transfer were deliberately complicated, in order to hide the money’s origins, or low-tech, to keep it off the books. Prosecutors discovered that elderly mules were flying from city to city with shrink-wrapped bricks of cash strapped to their bodies.

Petrobras was no ordinary company. As well as having the highest market valuation (and the largest debts) of any corporation in Latin America, it was a flagship for an emerging economy that was trying to tap the biggest oil discovery of the 21st century – huge new oil fields in deep waters off the coast of Rio de Janeiro. Petrobras accounted for more than an eighth of all investments in Brazil, providing hundreds of thousands of jobs in construction firms, shipyards and refineries, and forming business ties with international suppliers including Rolls-Royce and Samsung Heavy Industries.

Petrobras was also at the centre of Brazil’s politics. During the 2003-2010 presidency of the Workers’ Party leader Luiz Inácio Lula da Silva (known as Lula), executive posts in Petrobras were offered to Lula’s political allies, to help build support in Congress. Petrobras’s commercial and strategic importance was such that the US National Security Agency made it a target for surveillance. As the Car Wash investigation was to prove, if you could unravel the secrets of this company, you would unravel the secrets of the state.

First, though, investigators had to get executives to talk. Until very recently, that would have been unthinkable. A culture of impunity had long reigned in Brazil. But times were changing, as Petrobras executive Nestor Cerverò was about to find out. When he saw the state of the mattress in the airport detention centre, he threw a tantrum. “How am I going to lie on this?” he said.

“It’s either that or sleep standing up,” Ishii replied. Within an hour, Cerverò had dozed off, only to be shaken out of his slumber at 6am.

“Where’s my breakfast?” he demanded.

“You’re not getting one,” Ishii answered. “I’m taking you to Curitiba.”

Curitiba, the heart of the Car Wash investigation, is the capital of the southern state of Paraná. By Brazilian standards, at 845km it is not far from Rio, but culturally, they are worlds apart. Curitiba is known as the “London of Brazil” because its people are considered more inclined to be sticklers for the rules than residents of the bigger cities in the north. In recent years, it has won international praise for its pioneering public transport system, environmental policies and hipster scene. Thanks to Operation Car Wash, however, it is now best known for its judges, prosecutors and police. Without one simple reform, however, the investigation might never have taken off. Dilma Rousseff took over from Lula as leader of the Workers’ Party and became president of a coalition government after the 2010 election. In the wake of nationwide anti-corruption demonstrations in 2013, Rousseff had tried to placate an angry public by fast-tracking laws aimed at rooting out systemic fraud. New measures included, for the first time in Brazil, plea bargaining: prosecutors could now make deals with suspects, reducing their sentences in return for information that could lead to the arrest of more important figures.

Overseeing the case in Curitiba was Sérgio Moro, an ambitious young judge who helped prosecutors put pressure on suspects by approving lengthy “preventive detentions”. In the overwhelming majority of cases, Brazilian prisoners remanded in custody before trial are poor. Moro took the unusual step of also denying bail to the rich. Ostensibly, he did so to stop them using economic or political influence to escape any charges against them. However, the pressure was on them: make a deal or stay in jail.

Cerveró was not the first to face this choice. He joined a parade of VIP Car Wash suspects – corporate executives, wealthy entrepreneurs and, later, even one or two powerful politicians – who spent months inside the Curitiba detention centre. They had to be kept separate from other inmates for their own safety, which meant their side of the jail quickly became overcrowded. Having lived in luxury, these super-rich prisoners were squeezed three to a one-man cell. Their new circumstances came as a shock. “One guy did not know how to shave because he had always had it done for him,” said a guard, who asked to remain anonymous. Cerveró apparently had serious problems adapting. His cellmates complained that he urinated on them in the night and washed his backside in the sink.

If inmates refused to cooperate with the prosecution, privileges such as TV and exercise were withdrawn. “Many suspects made deals after a visit from their loved ones,” said the guard. “I think it was because they smelled the perfume and soap of the lives they had left behind.” Some resisted for months, others just days. But almost all of them broke in the end.

Defence lawyers complained, with some justification, that these tactics were legally dubious and unethical, because defendants would say or do anything to get out of jail. But polls indicated the public was delighted that the age-old problem of corruption was finally being exposed in a major nationwide operation. Almost every day, details of a dawn raid by police or another shocking allegation were splashed across the front pages: more than $2bn siphoned off Petrobras in bribes and secret payments for contract work, $3.3bn paid in bribes by the construction firm Odebrecht, more than 1,000 politicians on the take from the meat-packing firm JBS, 16 companies implicated, at least 50 congressmen accused, four former presidents under investigation.

As the staggering scale of the skulduggery emerged, many Brazilians focused their fury on politicians – initially Lula, Rousseff and others in the Workers’ Party. The newspapers trumpeted the message that the dirty socialists in Brasilia were wholly responsible for the problem. The reality was considerably less clear-cut. Just about every major party was involved in multiple, interconnected trails of corruption going back to earlier governments. And it was the Workers’ Party that had put in place the judicial reforms that allowed the investigation to go ahead. There would have been no Car Wash if the government had not appointed, in September 2013, an independent attorney general.

Newspaper columnists contrasted the dirty world of politics with the high- minded work of the judiciary in the “Republic of Curitiba”. When Judge Moro walked into a restaurant, people would stand up and applaud. Graffiti on walls and banners draped from apartment balconies declared “God save Moro”. Protesters in the streets held up placards declaring “Moro for president”. The federal police also won praise. Ishii became the public face of the investigation: as the officer charged with taking suspects from the airport to the detention centre and the courthouse, he was in almost every picture and video related to the case. On social networks and in headlines, he was nicknamed Japones Bonzinho (the Good Japanese). At carnival, he was honoured with a six-metre-high doll and a samba tribute song, with lyrics imagining a suspect who wakes to find he is the latest target of Operation Car Wash: “Oh my God, I am politically dead! Knocking at my door is the Japanese fed.”

In person, Ishii is circumspect and austere. When I visited him at his modest apartment in Curitiba, he was careful to downplay his role. He explained that his celebrity had reached the point where he felt trapped. At one public event, he was mobbed by adoring members of the public and had to be escorted out by security guards. A traffic cop pulled him over to ask for his autograph. Bizarrely, even the relatives of the Car Wash prisoners would ask him to share selfies and say how much they admired his work.

Ishii said he realised Car Wash was something special when he saw wealthy businessmen not just go to jail, but stay there. “That’s when the penny dropped. I began to think, hey, I’m in a country where there is an expression, ‘Only the poor get arrested’ – but here are these millionaires getting thrown in prison.”

More was to come. From corporate executives, Car Wash investigators turned their attention to politicians. Dishonest and venal senators and congressmen had long been protected by the immunity of office. But a window for prosecution was opening. The judiciary was in the ascendant, the electorate was mad as hell, and old loyalties were starting to crack. All the prosecutors needed was a little leverage.

To lure one of Brazil’s most powerful politicians out into the open, prosecutors planned a sting operation, using Petrobras’s Nestor Cerveró as bait. Senator Delcídio do Amaral, the Workers’ Party leader in the upper house, was an old associate of Cerveró. They had worked together at Petrobras between 2000 and 2001. After that, Cerveró had become Amaral’s faithful servant, raising illegal contributions for whichever party the fickle senator was aligned with. After Cerveró’s arrest, Amaral knew he was at risk of exposure. Desperate to find a way to discourage him from talking, Amaral arranged to meet Cerveró’s son, Bernardo, in Brasilia.

On 4 November 2015, Amaral met with Bernardo Cerveró at the Royal Tulip Hotel. Unaware that Bernardo was secretly recording the conversation, the senator made a number of incriminating statements, which were later leaked to the press. Amaral offered to pay $1m upfront, plus a further $13,000 a month, in exchange for Nestor Cerveró’s silence. When this was rebuffed, he said he could arrange Bernardo’s father’s escape from prison.

“How?” Bernardo asked.

First, Amaral explained, he would use his influence on a particular judge to arrange for Cerveró to be moved from his prison cell and placed under house arrest. Then, he described in detail how the prisoner’s electronic tag could be deactivated, so he could flee undetected. Cerveró could then charter a private plane to neighbouring Paraguay. Amaral would arrange the whole thing.

As soon as the judges heard the recording, they ordered the senator to be detained on charges of conspiracy to obstruct justice. It was a momentous decision. No sitting senator had been arrested in 30 years.

Amaral was taken into custody on the morning of 26 November 2015. He immediately agreed to co-operate with investigators and tell them everything he knew about the illegal activities of his fellow politicians, including the then president Rousseff, who he accused of conspiring to obstruct justice. He singled out former president Lula as the mastermind of the Petrobras corruption scheme.

The senator claimed it was Lula who had organised the payoffs and urged him to get Cerveró out of the country, because he wanted to protect a close friend who had been involved in negotiations between politicians and oil company officials. Lula and Rousseff denied the allegations and accused Amaral of lying to save himself. “I never imagined he was such a scrotum,” Jaques Wagner, Rousseff’s former chief of staff, told Lula in a phone call recorded by police. But while his critics accused him of spectacular betrayal, Amaral painted his testimony in a heroic light, saying he was doing the nation a favour by exposing the powerful to justice.

“Because I was someone who was talking to the government, talking to parliament, talking with leading Brazilian businessmen, talking to Petrobras, with Eletrobras, with all the state, I had no doubt that my collaboration would be a watershed in the investigation,” Amaral told me in an interview last summer.

Thanks to his cooperation, Amaral was living under house arrest in his brother’s luxurious mansion in one of São Paulo’s swankiest neighbourhoods. When I arrived to meet him, a maid answered the door and led me past a pool and an outdoor jacuzzi to a private bar decorated with neon signs for Coors and Miller beer, a Wurlitzer jukebox and celebrity memorabilia: Ayrton Senna’s F1 racing helmet, Mike Tyson’s boxing glove, Buzz Aldrin’s framed autograph and Eric Clapton’s guitar.

Amaral left open the possibility that he would make a return to politics. The system needed to change, he argued, because corruption had become ingrained from long before the Workers’ Party took power.

Brazil’s political scene is highly vulnerable to corruption. With dozens of parties and elections at three levels (federal, state and city) across one of the world’s largest countries, campaigns are extremely expensive and it is almost impossible for any single political group to secure a majority. Gaining power involves winning elections and paying other parties to form coalitions, both of which require huge sums of money. As a result, one of the greatest prizes in Brazilian politics has long been the power to appoint senior executives at state-run companies, because each executive could expect to receive millions in kickbacks from contractors, much of which could be siphoned off into campaign coffers.

Former Brazilian presidents Dilma Rousseff and Luiz Inácio Lula da Silva. Photograph: Mario Tama/Getty Images

The Workers’ Party was supposed to be different. It had been elected on a promise to clean up corruption, but it soon got sucked in. After winning the presidency on his fourth attempt, in 2002, Lula had been stuck with a minority in Congress. His chief of staff bought the support of minor parties by arranging monthly payments, known as mensalão, mostly paid by construction firms in exchange for building contracts. Although illegal, this allowed the Workers’ Party to get things done. Lula’s first term delivered impressive progress on alleviating poverty, social spending and environmental controls. None of the subsequent three Workers’ Party administrations came close to achieving as much. Unfortunately, because Lula’s reforms had only got through parliament with the aid of bribery, those achievements were built on ethical quicksand.

When the mensalão scandal was revealed in 2004, the Workers’ Party had no choice but to stop paying its coalition partners, and Lula was again stuck with a minority in Congress. Worse, he now faced the danger of being impeached. To prevent this, he reached out to one of his party’s biggest rivals: the Brazilian Democratic Movement Party (PMDB), led by Michel Temer. This marriage of convenience was doomed from the start. The PMDB is Brazil’s biggest political party, but has never taken an ideological stance or a leadership role, preferring to do deals to shore up governments. It is a mishmash of factions, ranging from conservative rural landowners and urban social democrats to evangelical nationalists and former guerrillas, whose only common ground is a desire to secure the patronage, prestige and bribes that come with government posts. The party has been involved in every corruption scandal in modern Brazilian history. But Lula was desperate, so he struck a deal. In return for support in Congress, the Workers’ Party gave Temer’s PMDB control of the international division of Petrobras and the funds that flowed from it. Cerveró, then the director of that division, was required to deliver payoffs to different masters. It was a gruelling task. In 2008, Cerveró failed to deliver sufficient funds and he was forced to stand down.

Temer has been named countless times in Car Wash testimonies. Julio Camargo, a consultant for the Toyo Setal construction and engineering company, said money was channelled from Petrobras to a lobbyist representing senior PMDB figures, including Temer. One industrialist testified that Temer had arranged illicit payments into the party’s campaign coffers, and had taken leadership of the PMDB in order to control who got the millions of dollars that were being siphoned off from Petrobras, Odebrecht and their suppliers. A former Odebrecht vice president, Cláudio Melo Filho, testified that in 2014, he secretly donated 10m reais (£2.3m) to Temer’s political campaign.

“This bomb could end in his lap in a more serious way than for Rousseff. He’s more involved than her,” a source said.

Temer – a constitutional lawyer – publicly denied the allegations, saying suggestions of illegality were “frivolous” and “untruthful”. Despite the long list of accusations, almost none stuck. Other testimonies against him were withdrawn. No charges were filed. Prosecutors said there was not enough evidence. Temer seemed untouchable. By the start of 2016, the economy had plunged into recession. The main cause was a collapse in global commodity prices, but the Car Wash investigation made a bad problem worse. Prosecutors had ordered Petrobras to suspend business with many of its contractors, including Odebrecht, the biggest building firm in Latin America. Projects were paralysed, workers were laid off and the unemployment rate almost doubled in the space of two years. Political activity was also paralysed. The arrest of Amaral had shaken congressmen out of the assumption that they could rely on their positions to avoid prosecution, and relations between parties became more hostile.

Senator Amaral told me he had warned President Rousseff repeatedly of the dangers of pushing too far with the Car Wash investigation, but she would not listen. “She always underestimated Car Wash, because she thought it would reach everyone but her,” he recalled. “She thought it would make her stronger.”

A majority of the public blamed the economic misery and political gridlock on the Workers’ Party, which had been in power for 13 years. Rousseff’s approval ratings slipped into single digits. She was even more unpopular in Congress, owing to her woeful communication skills, secretiveness and stubbornness. Several powerful senators and deputies – the Brazilian Congress has two houses, the upper Federal Senate and the lower Chamber of Deputies – were also furious that the president refused to halt the corruption investigation, or to protect senior members of her ruling coalition.

The bid to oust Rousseff as head of state was initiated in November 2015 by one of the most corrupt politicians in the country, Eduardo Cunha, in an attempt to stop or divert Car Wash. Cunha, the speaker of Brazil’s lower house, was an ally of Temer in the PMDB, with a reputation for scheming and underhand tactics. He was also a chief target of the Car Wash prosecutors. As evidence piled up through 2015, they accused him of corruption and perjury after uncovering his secret Swiss bank accounts, which contained more than $5m dollars and credit card bills bearing witness to a lavish lifestyle far beyond his declared income of $120,000. The Workers’ Party refused to protect Cunha against charges brought by the lower house ethics committee. Cunha hit back by granting one of the many impeachment requests against Rousseff. It accused Rousseff of false accounting – shifting significant funds between accounts to make government finances look better than they were. Many previous administrations had done the same thing with impunity, albeit not on such a great scale. But that was not the point. The targets of Car Wash needed a pretext on which to strike back.

On 4 March 2016, prosecutors briefly detained Lula for questioning about the Petrobras kickback scheme. There were additional allegations of influence peddling, including deals secured for Odebrecht in return for generous payments to companies owned by Lula’s relatives. Millions of anti- government protesters took to the streets a week later, on 13 March, bearing inflatable dolls of Lula in prison clothing, chanting “Fora Dilma” (Rousseff Out!), carrying banners and shaking brooms to symbolise the need for a clean sweep.

Inflatable effigies of Dilma Rousseff and Luiz Inácio Lula da Silva at a protest in São Paulo in April 2016. Photograph: Cris Faga/CON/Latin Content/Getty

Lula and Rousseff had undoubtedly benefited from the corruption politically, but it is less clear – particularly in Rousseff’s case – that they had gained personally. By contrast, the hypocrisy of many of their accusers was staggering. At a parliamentary impeachment session in April, many of those who voted to eject Rousseff from office had themselves either been charged or were under investigation for far more serious crimes.

In May, as impeachment proceedings against Rousseff continued, Michel Temer became interim president, even though he was mentioned multiple times in the Car Wash investigation, along with seven members of his cabinet. Critics speculated that Temer was being protected to ensure a degree of stability during a period of turbulence. Even when Temer was found guilty in June 2016 of election violations and disqualified from running for office for eight years by a lower court judge in São Paulo, it made no difference. As interim president, he was shielded by the immunity of office. Car Wash, which had been launched to clean up corruption in the system, had ended up helping the leader of Brazil’s most notoriously self-serving party to reach the pinnacle of power.

Rousseff’s supporters called it a coup, though the impeachment had been approved by the largely Workers’ Party-appointed supreme court, as well as large majorities in both houses. Temer insisted the letter of the law had been followed. “Brazil has gone through a difficult period of political disputes, but the Constitution has been honoured,” the new president insisted. Soon after, however, it became clear that many of his supporters had been motivated by self-preservation rather than national salvation.

In Temer’s first month as president, three more of his ministers were forced to resign as a result of secretly recorded phone conversations, which confirmed Rousseff had been ousted because she would not call off the Car Wash investigation.

“We have to stop this shit … We have to change the government to be able to stop this bleeding,” one of the chief plotters, Romero Jucá – the PMDB leader in the upper house – told Sérgio Machado, the former president of Transpetro, Brazil’s largest oil and gas transportation company. Unknown to Jucá, the conversation was being recorded. In that call, in March 2016, Jucá revealed that he had discussed the plan with supreme court justices and military commanders: the aim was to usurp Rousseff and replace her with Temer. Jucá maintains that his words were taken out of context.

But getting the Workers’ Party out of government was only the first step in stopping Car Wash. The conspirators had another problem: Teori Zavascki, the supreme court justice overseeing the investigation, who had proved to be incorruptible.

“One way (to halt the operation) is to find someone who has access to Teori, but it seems there is no one,” says Machado in the recording.

“He’s closed off,” Jucá agrees.

This obstacle did not stay in place for long.

During a thunderstorm on 19 January 2017, a Hawker Beechcraft twin-prop aircraft crashed into the ocean near Paraty, 150 miles west of Rio de Janeiro, killing all four people on board. The plane was on its way from São Paulo to Rio. It might have been seen as just another aviation accident, were it not for the fact that one of the victims was judge Teori Zavascki.

The timing and nature of the crash inevitably raised suspicions. Zavascki was in the process of reviewing numerous Car Wash testimonies that were expected to further implicate politicians in Brazil and other countries in Latin America. His family said he had received threats the previous year.

Initial findings from the plane’s wreckage and the cockpit voice recorder suggested there was no mechanical failure. The pilot was experienced and had given lessons to other aircrews on how to land on the small airstrip at Paraty. But small planes have a terrible safety record in Brazil. Speculation in the media suggested that either the pilot had made a fatal misjudgment of altitude or the plane and its passengers were victims of foul play. Whatever its causes, the consequences of the crash were far-reaching. Zavascki had maintained the investigation’s credibility in the face of fierce political opposition, and he had ruled on some of its most contentious cases. On hearing news of the judge’s death, Moro said: “Without him, there would be no Operation Car Wash.”

Judge Sérgio Moro, who relentlessly pursued prosecutions in the Car Wash case. Photograph: Brazil Photo Press/CON/LatinContent/Getty Images

Zavascki exemplified the idealistic and ultimately self-sabotaging stance of the Workers’ Party in its relationship to the justice system. After the party took power, judges, prosecutors and police were given far more scope to act. Under the previous conservative administration, the attorney general had filed away so many incomplete investigations that he was nicknamed the engavetador general (shelver-in-chief). Lula, by contrast, let prosecutors elect a new attorney general – Rodrigo Janot – who was so independent that he approved the charges against Lula, the Workers’ Party founder.

“Before Lula took power, we were toothless,” said Luis Humberto, of the Federal Police union. “The Workers’ Party increased our budget, upgraded our equipment and gave us more authority. It is ironic. They lost power because they did the right thing.”

Temer chose one of his close allies to replace Zavascki. Alexandre de Moraes, who was justice minister, went straight from the cabinet to the highest court. It was a clear violation of the constitutional principle of a separation of powers. Several of the senators who confirmed his appointment were ministerial colleagues – including Jucá, and the head of the upper house, Renan Calheiros – who have been charged in the Car Wash case. When a supreme court judge ordered Calheiros to step down while he was awaiting trial, Calheiros simply ignored him. Moraes, who lacked any experience as a judge, is now one of 11 supreme court justices who will hear his case.

In Congress, meanwhile, the PMDB-led ruling bloc have repeatedly attempted – so far unsuccessfully – to change the law so that testimonies resulting from plea bargains are no longer admissible in court. This would enable dozens of politicians to escape possible conviction.

So far, Car Wash investigators have resisted political pressure and expanded their list of targets. After shifting focus from Petrobras to Odebrecht, in April 2017 prosecutors opened new probes into dozens more politicians from all sides of the political spectrum, including eight members of Temer’s cabinet. They then widened their net to include JBS, one of the world’s biggest meat- packing firms. A plea bargain made on 18 May by the two brothers who own the company – Joesley and Wesley Batista – includes secret recordings allegedly made in March, in which Temer allegedly discusses hush-money payments to Cunha, and details of bribery by one of the president’s aides. The attorney general has now formally accused Temer of conspiring to obstruct Car Wash, setting the stage for a constitutional battle between the judiciary and the government and prompting calls in Congress for the impeachment of a second president in a year. Temer denies the charges.

The web of corruption has been traced far beyond Brazil’s borders. Odebrecht had a department dedicated to bribes, known as the Division of Structured Operations, which laid out close to $800m in illicit pay-offs for more than 100 contracts in a dozen countries over 15 years. Dozens of foreign corporate suppliers (of engineering equipment, power lines, drilling rigs and so forth) also face regulatory and shareholder inquiries about the bribes they paid to secure contracts with Petrobras. Among them was Rolls-Royce, which posted hefty losses as a result of penalties imposed in January this year by Brazilian, UK and US authorities. The World Cup and Olympics have also been sucked into the mire with fraud investigations now focused on six out of the 12 stadiums used in 2014 and 2016.

The investigation has shaken political and economic life and raised hopes that, for once, justice will be applied to the rich and powerful. There was a genius in the way Ishii’s arrest of Cerveró paved the way for trials of politicians. Several previously untouchable senators, congressmen and governors are now in jail, including Cunha. Powerful businessmen have also been put behind bars, including Marcelo Odebrecht, the head of the vast construction firm. Even the celebrity cop Ishii was suspended from the Car Wash investigation after he lost an appeal against an old bribery charge. More than at any time in Brazil’s recent history, there is a genuine sense that nobody is above the law, that scandals do not always have to “end in pizza”.

A photograph of Michel Temer, president of Brazil, on a mock coffin during a protest in Rio de Janeiro last month. Photograph: Bloomberg/Getty

The story is by no means over. Attorney general Rodrigo Janot, who is due to leave office in September, is under pressure. Mainstream parties from the left and right are lined up against the investigation. The government is trying to hamper Operation Car Wash by slashing the federal police budget by 44% and reducing the number of agents working on it. Moro must keep the public on his side as he begins a series of trials of Lula, who plans to run for president again in 2018 if he is not jailed.

Brazil certainly needed to tackle corruption, which has exacerbated inequality and held back economic growth. But was Operation Car Wash worth the pain? It helped to lever the Workers’ Party out of office, and ushered in an administration that appears just as tainted, but far less willing to promote transparency and judicial independence. So many allegations are now stacked up against Temer and his allies that he will struggle to hold on to his presidency until the end of his term in 2018. Petrobras – the national champion of the Lula era – has been brought to its knees, with foreign companies allowed to control production from the new oil fields. Major companies and mainstream politicians have been utterly discredited. Voters struggle to find anyone to believe in. It is not just the establishment that is reeling, but the entire republic.

In the long term, many still hope Car Wash will ultimately make Brazil a fairer, more efficient nation, run by cleaner, law-abiding politicians. But there is also a risk that the operation will shake the country’s fragile democracy to the ground and clear the way for a rightwing evangelical theocracy or a return to rule by dictators. Whether or not this purge proves a cure for Brazil will depend not just on who falls, but on who follows.

Additional research by Shanna Hanbury and Gareth Chetwynd. Main illustration by Suzanne Lemon.

• Follow the Long Read on Twitter at @gdnlongread, or sign up to the long read weekly email here.

November 29th, 2018

https://www.nytimes.com/aponline/ 2018/11/29/world/americas/ap-lt-brazil- governor-arrested.html

(Article below) Arrest of Rio Governor Adds to State's Fame for Corruption Nov. 29, 2018

RIO DE JANEIRO — The governor of the state of Rio de Janeiro was arrested on Thursday for allegedly taking about $10 million in bribes since 2007, the latest in a string of corruption arrests of senior political figures.

Gov. Luiz Fernando Pezao was taken into custody by federal police at the governor's palace early in the morning in an operation named "Wolf's Mouth." He was Rio's deputy governor between 2007 and 2014 and then was elected to the top job four years ago.

The arrest of Pezao gives the state of Rio, one of the most important in Latin America's largest nation, a dubious distinction: All elected governors since 1998 have been jailed at different points for corruption. Numerous other state politicians have also been accused of graft, turning the state into a symbol of rampant corruption.

The plundering of state coffers made a recent recession particularly painful in Rio, which is still in a state of financial crisis two years after the city hosted the Summer Olympics.

Pezao's arrest follows a plea bargain by Carlos Miranda, a former adviser to former Gov. Sergio Cabral, who was Pezao's superior from 2007 to 2014. Miranda testified that Pezao received thousands of dollars in bribes each month.

Cabral himself was jailed in 2016 and was sentenced to 14 years for corruption the following year. Later in 2017, Cabral was sentenced to an additional 45 years for embezzlement.

Authorities said Pezao took part in the corruption under Cabral, and then took over leadership of the scheme when he became governor.

"This criminal organization continues to be active" said Attorney General Raquel Dodge told journalists in the capital of Brasilia.

According to investigators, Pezao collected a "tax" of up to 8 percent of contracts awarded by the state.

Sign up for The Interpreter

Subscribe for original insights, commentary and discussions on the major news stories of the week, from columnists Max Fisher and Amanda Taub.

Besides Pezao, arrest warrants were also issued for eight others connected to the governor, including his secretary of public works, an economic adviser and Pezao's nephew.

Pezao was accused of criminal organization, money laundering and corruption. After being processed at police headquarters, he was taken to a jail in the neighboring city of Niteroi.

The governor's attorney did not immediately reply to a request for comment.

Vice Gov. Francisco Dornelles, who will take over, told Globo News the arrest was a "surprise" and a form of "violence against Pezao."

Pezao, whose term ends Dec. 31, was the latest high-profile politician to be caught up in the so-called "Car Wash" investigation into bribes from construction and other companies that was launched in 2014.

Investigators uncovered a scheme in which construction companies were awarded inflated contracts and then paid millions of dollars in kickbacks to politicians and other officials. The scheme, which included billions of dollars in bribes over the course of more than a decade, is considered the largest corruption scandal in Latin America, and possibly worldwide.

Scores of businessmen and politicians have been convicted and jailed, including former Odebrecht CEO Marcelo Odebrecht and ex-President Luiz Inacio Lula da Silva.

Corruption was a dominating theme during the nation's recent election, with President-elect Jair Bolsonaro vowing to crack down of graft.

___

Associated Press writer Mauricio Savarese contributed from Sao Paulo.

Subscribe for $1 a week. Ends today.

May 24th, 2017

http://time.com/4792665/brazil- michael-temer-corruption-scandal- lava-jato/

(Article below) The Silver Lining to Brazil's Never-Ending Corruption Scandal

Think Washington is in an uproar and Trump is in trouble? For a true political maelstrom, cast your eyes south toward Brazil, where Chapter #843 in the seemingly never-ending “Car Wash” corruption probe looks set to bring down a Brazilian president for the second time in less than nine months.

Michel Temer, who took office following the corruption-driven impeachment of Dilma Rousseff last August, stands accused of approving a bribe to buy the silence of imprisoned former House Speaker Eduardo Cunha. Temer insists that an audio recording offered as evidence was doctored and that he won’t resign. He will probably be forced from office, perhaps via a court ruling that Rousseff and Temer received illegal campaign contributions at the last election in 2014.

Brazil’s political scandal, known as Lava Jato, has reached an astonishing scale. The pain is widely spread; no fewer than 20 different political parties have had members implicated. More than 200 people have reportedly been charged with crimes. Two former Brazilian presidents, the heads of both houses of Brazil’s congress, more than 90 lawmakers and one third of Temer’s cabinet are implicated. The value of bribes paid as part of this scandal is estimated at about US$2 billion. Billion with a B.

Temer’s approval ratings have fallen to single digits. Several smaller parties have abandoned his coalition. In the courts and in the streets, his problems are growing. Even if he can survive a few more weeks, he will be the world’s lamest duck. His inability to advance a reform agenda that can kickstart Brazil’s economy, mired in deep recession for years, will probably cost him the allies he has left. If he goes, Congress will elect a new president to finish the Rousseff/Temer term, and the entire political class will face the wrath of voters next year. Just as U.S. and French voters pushed aside establishment figures in recent presidential elections, so Brazilians may move toward a true outsider as their next president.

Now for the good news. In a world where all major emerging markets are plagued with high levels of corruption, Brazil has proven that the country’s political elite are not above the law. That’s a crucial advantage for Brazil’s future. In many developing countries, governments use “anti-corruption” campaigns not to sweep away criminality but to strengthen their hold on power by targeting opponents and rewarding allies.

Today, Brazil faces political upheaval, and the uncertainty will continue through this year to the next presidential election in October 2018. Longer term, however, Brazilian judges and prosecutors have proven that no one is above the law. Over time, that will create a more politically and economically stable nation, one where citizens can begin to have more confidence in their government. This article is reproduced here, despite being written in Portuguese, as evidence of the declarations of the former Federal Chief Attorney of Brazil, Mr. Janot, that the Lava Jato Operation would not have been so successful without civil engagement and public support.

This support was expressed by the massive street demonstrations against corruption counting with at least 5 million people as well as the proposal to National Congress called “Ten Measures Against Corruption” signed by over 2 million people.

June 28th, 2016

https://paranaportal.uol.com.br/geral/ lava-jato-nao-salvara-o-brasil-sem-a- participacao-popular-segundo-janot/

(Article Below) Lava Jato não salvará o Brasil sem a participação popular, segundo Janot 28 de junho de 2016, 06:50

“Da mesma forma que o Brasil, há mais de cem anos, descartou a escravidão e o sistema que simbolizava a resistência ao seu fim, hoje também a sociedade brasileira está pronta e sedenta por uma outra virada histórica: o fim da impunidade e o duro combate à corrupção no trato da coisa pública”.

A afirmação é do procurador-geral da República e presidente do Conselho Nacional do Ministério Público (CNMP), Rodrigo Janot, feita durante a abertura do seminário Grandes casos criminais: experiência italiana e perspectivas no Brasil, na sede da Procuradoria Geral da República, em Brasília. Janot destacou, no evento, que desde as manifestações populares ocorridas em junho de 2013, a sociedade vem dando mostras do seu desejo de mudança. “A sociedade está engajada de corpo e alma nessa luta, circunstância simbolizada pelas passeatas de todos os matizes e pelos mais de dois milhões de assinaturas de apoio às 10 medidas contra a corrupção, que hoje tramitam no Congresso Nacional como projeto de lei de iniciativa popular”, completou Janot.

Janot afirmou, ainda, que a Operação Lava Jato não “salvará o Brasil” da corrupção sem a participação popular. No discurso de abertura, o procurador disse que a Lava Jato é a “maior e mais profunda” investigação de combate à corrupção da história do país. No entanto, o fim dos desvios de dinheiro público não depende somente dos procuradores e dos juízes.

“Não chegaremos ao fim dessa jornada pelos caminhos do Ministério Público ou do Judiciário. Esses são peças coadjuvantes no processo de transformação e de aprofundamento dos valores republicanos. A Lava Jato, por si só, não salvará o Brasil, nem promoverá a evolução do nosso processo civilizatório”, disse Janot.

No discurso, o procurador-geral também disse que existe atualmente no Brasil um ambiente favorável ao fim da impunidade e que retrocessos não serão tolerados pelo Ministério Público. “Hoje, algumas vozes reverberam o passado e ensaiam a troca do combate à corrupção por uma pseudoestabilidade, a exclusiva estabilidade destinada a poucos. Não nos sujeitaremos à condescendência criminosa: não é isso que o Brasil quer, não é disso que o país precisa”, disse.

Participantes Além de Janot, compuseram a mesa solene do evento o ministro da Justiça, Alexandre de Moraes, representando o presidente da República, Michel Temer; o senador Jorge Viana, representando o presidente do Congresso Nacional, Renan Calheiros; o presidente do Supremo Tribunal Federal (STF), Ricardo Lewandowski; o ministro da Transparência, Fiscalização e Controle, Torquato Jardim, o advogado-geral da União, Fábio Medina Osório, e o encarregado de negócios da Embaixada da Itália no Brasil, Filippo La Rosa.

Em seu discurso, o presidente do STF, Ricardo Lewandowski, afirmou que o Ministério Público e o Poder Judiciário têm sido parceiros na luta contra a criminalidade no país. Ele enfatizou o surgimento de outros crimes, como o de colarinho branco, os cibernéticos, os transnacionais e o terrorismo. “Este seminário vem em boa hora, pois Brasil e Itália avançaram muito no combate a esses crimes”, concluiu.

Por sua vez, o ministro da Justiça, Alexandre de Moraes, disse que o Poder Executivo apoia as dez medidas apresentadas pelo Ministério Público no combate à corrupção. “O MP vem dando exemplo de fortalecimento institucional e de aprimoramento legislativo no combate à corrupção”, complementou o ministro. A inciativa 10 Medidas contra a Corrupção é baseada em dez pontos de alteração da legislação atual, entre eles o aumento de penas para crimes relacionados com a corrupção e a criminalização das doações não declaradas em campanhas eleitorais.

Morais também disse que defende mudanças na legislação sobre improbidade administrativa. “Muitas vezes há dificuldade de comprovar algo que é claro. Se o servidor público ganha 13 salários por ano, não pode ganhar um tostão a mais, se a soma dos 13 salários é infinitamente menor do que o seu patrimônio, ele que explique o seu patrimônio. É algo óbvio”,disse.

Seminário

O objetivo do seminário “Grandes casos criminais: experiência italiana e perspectivas no Brasil”, promovido pelo CNMP com apoio de outras instituições, é subsidiar linhas de atuação para o Ministério Público e para o Poder Judiciário no enfrentamento da corrupção.

Nos dias 28 e 29 de junho, o seminário ocorre na sede do Ministério Público Militar (MPM), em Brasília, onde serão realizados diversos painéis, com representantes e convidados de instituições do Brasil e da Itália.

Autoridades e convidados dos dois países debaterão os efeitos de grandes investigações realizadas pelo Ministério Público e pelo Poder Judiciário brasileiros no combate à corrupção. Na ocasião, também serão traçadas perspectivas de futuro no sistema de justiça criminal por meio de um paralelo com a investigação “Mãos Limpas”, ocorrida na Itália nos anos 90.

Tanto no Brasil quanto na Itália, as instituições estiveram engajadas no combate à corrupção por meio de investigações que resultaram na prisão de diversas autoridades públicas e de empresários. No caso brasileiro, pode ser citada a “operação Lava Jato”, em andamento; no italiano, a investigação “Mãos Limpas”, que durou aproximadamente quatro anos.

O seminário é destinado a membros do Ministério Público, juízes, advogados, estudantes, profissionais da imprensa, servidores públicos, políticos, órgãos de controle e entidades internacionais.

Entre outros nomes, estão confirmados para os debates os conselheiros do CNMP, o ministro do Supremo Tribunal Federal (STF) Luís Roberto Barroso, o procurador da República no Paraná e coordenador da força-tarefa Lava Jato, Deltan Dallagnol, o ex-magistrado do Ministério Público e ex-deputado italiano, Antonio di Pietro, o cientista político e antropólogo Luiz Eduardo Soares, o cientista político italiano Alberto Vanucci e os jornalistas Felipe Recondo (site Jota), Sérgio Dávila (Folha de S. Paulo) e Rocco Cotroneo (correspondente do jornal Corriere no Brasil).

Apoiam a realização do seminário as seguintes instituições: Escola Superior do Ministério Público da União (ESMPU), Ministério Público da União (Ministério Público Federal, Ministério Público do Trabalho, Ministério Público Militar e Ministério Público do DF e Territórios), Supremo Tribunal Federal (STF), Conselho Nacional de Justiça (CNJ), Associação Nacional dos Membros do Ministério Público (Conamp), Associação Nacional dos Procuradores da República (ANPR), Associação dos Magistrados do Brasil (AMB) e Associação dos Juízes Federais do Brasil (Ajufe).

(Com informações da Agência Brasil e MPF) Brazil police serve 22 arrest Washington Post warrants in ‘Car Wash’ probe Associated Press November 23 https://www.washingtonpost.com/world/the_americas/brazil-police-serve-22-arrest-warrants-in-car-wash-probe/ 2018/11/23/0bb13a04-ef44-11e8-8b47-bd0975fd6199_story.html?noredirect=on&utm_term=.b46714b6c1ab

SAO PAULO — Brazil’s federal police have issued 22 arrest warrants as part of a probe into a corruption and money laundering scheme involving the construction of the new headquarters of the state oil company in the northeastern city of Salvador.

The ongoing ‘Car Wash’ kickback probe has engulfed Petrobras and ensnared politicians and businessmen.

The latest arrest warrants were issued Friday, weeks after the federal judge who was instrumental in the investigation resigned from his position and agreed to be justice minister in the government of President-elect Jair Bolsonaro.

Former Judge Sergio Moro said at the time that investigations would continue in the hands of local judges in the southern city of Curitiba, where many of the cases have been tried.

Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. What Happened To Lula, The HUFFPOST Most Honest Soul In Brazil? Diego Iraheta https://www.huffingtonpost.com/entry/as-the-petrobas-corruptio_1_b_9400048

MIGUEL SCHINCARIOL via Getty Images

As soon as she was re-elected, President Dilma Rousseff promised that those found responsible in the Petrobras corruption scandal would not go unpunished. She declared that “no stone will be left unturned“ in the investigation.

During the 2014 election campaign, Rousseff praised the work of the Federal Police, which has full autonomy in its investigations. “Swept under the carpet, corruption will stay hidden, until it is investigated,” stressed the president. “We always give extreme freedom to the Federal Police in all their investigations.”

This freedom, once celebrated by the executive power, is currently tormenting the Labor Party.

After nearly two years of Operation Car Wash, which is an investigation into corruption at the state-run oil company Petrobras, the Federal Police raided former president Luiz Inácio Lula da Silva’s home on Friday, March 4. The raid happened only a day after Senator Delcidio Amaral released a statement to the prosecutors tying Rousseff and Lula to the Petrobras scandal.

The public prosecutors have said that Lula played a major role in the Petrobras scandal.

“Ex-president Lula, besides being party leader, was the one ultimately responsible for the decision on who would be the directors at Petrobras and was one of the main beneficiaries of these crimes. There is evidence that the crimes enriched him and financed electoral campaigns and the treasury of his political group,” the prosecutors said in a statement.

As Dilma promised a year and a half ago, she is leaving no stone unturned!

The Brazilian people have many questions regarding Lula’s involvement in the Petrobras corruption case.

Did the former president know about this scheme? He had previously denied any involvement in another scandal — the Mensalão. And what about the Petrolao scandal? According to Delci​dio, Lula knew about that one. What are the origins of the R$ 30 million that fueled the Lula-owned LILS Palestras and the Lula Institute? Did part of the amount, which was paid by contractors currently under investigation by Operation Car Wash, come from the Petrobras coffers? Why does the former president insist that the small farm of Atibaia is not his family’s, if he has visited the location 111 times since 2012, and he stores several of his belongings there, along with paddle boats named after his grandchildren? Why did Odebrecht, a construction company involved in the scandal, bankroll R$ 700,000 in renovations at the small farm that Lula denies belonging to him? Is the triplex apartment in the Solaris Condo in Guaruja, on the Sao Paulo coast owned by Lula or by the contractor, OAS? Despite the former president’s denial, why did the janitor, the building’s manager, the doorman and the company’s engineers tell the Federal Police that Lula’s family was always in apartment 164-A? Where did the R$ 1 million, which paid the OAS for the renovations and luxury furniture for the rooms and kitchen of 164-A, come from? Are the business contracts with Petrobas the source of all this money? Did Lula know that his friend, a rancher by the name of Jose Carlos Bumlai, arrested by the Federal Police last year, said that the Labor Party’s debts from the re-election campaign were paid off with money from Petrobras? What’s Lula’s answer to Delcidio’s claims, which accused the Labor Party member of bribing Petrobas executive Nestor Cervero, who is also in jail, to cover up Bumlai’s story?

The former president needs to answer all these questions, among others from the Federal Police, prosecutors, his constituents, and from all Brazilians.

If Lula fails to answer these questions, it will be extremely difficult for Brazil to believe that, as the former president had previously claimed, there is “not a more honest living soul in the country.”

This post first appeared on HuffPost Brazil. It has been translated into English and edited for clarity.

Follow Diego Iraheta on Twitter: www.twitter.com/diego_iraheta Brazil: The Car Wash Scandal AL JAZEERA We investigate a massive corruption scandal in Latin America involving some of its most prominent public figures. 08 Mar 2018 10:42 GMT https://www.aljazeera.com/programmes/peopleandpower/2018/03/brazil-car-wash-scandal-180307105602756.html Launched in early 2014, the operation was initially thought to be routine - one of a number of similar ongoing probes that the Brazilian Federal Police had on their books.

In this case, the targets were doleiros: black-market money dealers who used small businesses, such as petrol stations and car washes, to launder the profits of crime.

But it soon evolved into one of the biggest and most complex corruption investigations in South American history.

Four years on and Lava Jato - or Operation Car Wash, as it is now known in English - has left its mark on 11 countries, from Brazil to Peru.

Business leaders, multinational corporations and leading politicians have been caught up in allegations ranging from bribery and money laundering to attempting to distort the democratic process, with more than 150 people arrested, prosecuted or facing criminal proceedings.

So how and why did this extraordinary investigation become so far-reaching?

We sent filmmaker Luis del Valle and journalist Gustavo Goritti, from Peru's IDL Reporteros, to find out how prosecutors and police began to unravel a case that has sent shock waves across a continent - and still has some way to run. READ Exporting corruption: Beyond Brazil's Car Wash scandal

Source: Al Jazeera