From Car Wash to Bolsonaro: Law and Lawyers in Brazil's Illiberal Turn (2014–2018)

Abstract

Law and lawyers tend to be seen as either preferential victims of or key counterforces to rising illiberalism. Brazil offers a good testbed for these claims. Brazilian democracy has deteriorated considerably, as epitomized by the election of Jair Bolsonaro in 2018. Yet, since 2014, law and lawyers have become ever more central to Brazil's field of state power. As the anti‐corruption initiative Car Wash (Lava Jato) gained momentum, Brazilian judges and prosecutors were celebrated, locally and globally, as champions of transparency, accountability, and ‘the rule of law’. Following a closer look at Car Wash, this article questions such idealization of law and lawyers. Drawing on research on press interviews and statements by Car Wash legal officers, I find that, throughout the case, they produced a ‘political grammar’ that is closer to illiberalism than many would predict. Based on recent developments in the sociology of fields, I argue that the production of these grammars yields societal effects that deserve scholarly and civic attention.

Relational legal consciousness and anticorruption: Lava Jato, social media interactions, and the co-production of law's detraction in Brazil (2017–2019)

“…Costa was arrested, revealing a bigger corruption scheme at Petrobras including frauds in Petrobras contracts that benefited a cartel of construction companies, which, in turn, paid bribes and kickbacks to Petrobras officials, politicians, and political parties. Costa received his SUV from those payments (de Sa e Silva, 2020a; Moro, 2018).…”

“…In 2018, Lula was arrested and barred from running for the presidency, a contest he was leading. With Lula off the ballot, the winner was Bolsonaro, a former army captain and far‐right politician who favored military dictatorship and made outrageous remarks against women, Black people, and LGBTQ people (de Sa e Silva, 2020a).…”

“…For most of its lifetime, LJ and those behind it were revered by media outlets, academics, and organizations in Brazil and abroad. Sergio Moro—the judge who presided over the main LJ cases—and the prosecutorial task force led by the young federal prosecutor Deltan Dallagnol were treated as champions against corruption and in promoting the rule of law, receiving many awards and honors (de Sa e Silva, 2020a). Yet over time, its methods, outcomes, and legacy became more controversial.…”

“…To some, it started a new chapter in Brazil, with greater respect for the rule of law and a collective state of mind concerned with ending impunity and building integrity in politics and business (Bullock & Stephenson, 2020). To others, it undermined democracy and the rule of law, paving the way for an autocratic leader—Brazilian president Jair Bolsonaro (Anderson, 2019; Bello et al, 2020; Carvalho & Palma, 2020; de Sa e Silva, 2020a; Evans, 2018; Mészáros, 2020).…”

Populist Framing Mechanisms and the Rise of Right-wing Activism in Brazil

“…6.For a critical analysis of the roles played by members of the Car Wash Task Force in Brazil’s political crisis see, for example, de Sá e Silva 2020.…”