The PT's fatal mistake

Last Tuesday, I received final and unquestionable confirmation that the Workers' Party and the social movements linked to it do not intend to react to the Attorney General's attack against former President Lula, an attack that resulted in the opening of an investigation by the Federal Police to investigate allegations made by Marcos Valério.

Moreover, Lula not only agrees with this guideline but is its main defender, not to mention its originator.

According to information I obtained, in addition to the PT maintaining "absolute silence" about the investigation against Lula, it considers that the party's statement on the Mensalão trial, released on November 14th of last year, is already "sufficient".

The party statement, titled "Note on Criminal Action 470," says that "The PT, supported by the principle of freedom of expression, criticizes and publicly expresses its disagreement with the decision of the Supreme Federal Court which, in the judgment of Criminal Action 470, convicted and imposed disproportionate penalties on some of its members."

Furthermore, in three points, the party states that:

1 – The Supreme Federal Court (STF) did not guarantee the full right to a defense.

2 - The Supreme Federal Court (STF) gave evidentiary value to circumstantial evidence.

3 – Functional control of the fact does not dispense with proof.

4 – There is a risk of legal uncertainty.

5 – The Supreme Court made a political judgment.

At the end of the statement, in the closing section entitled "The fight for justice continues," the party affirms that "It will make every effort to ensure that the politicization of the Judiciary, evident in the trial of Criminal Action 470, is contained."

This promise from the PT (Workers' Party) was nothing more than rhetoric. The party, in reality, abandoned the fight, gave up, did nothing more about the conviction without evidence of some of its most prominent members and, moreover, does not intend to do anything. In fact, it wants to "turn the page," allowing the "legal uncertainty" it alludes to to take hold.

The outcome could not have been otherwise. Seeing that the PT (Workers' Party) would not use its immense capacity for mobilization to fight against a shameful process that transformed a condemnable practice of undeclared campaign contributions—yes, but one that exists in all parties—into "the biggest corruption scandal in history," the right-wing media, through the Attorney General whom it keeps under its thumb, is now attacking Lula, simply the pillar that sustains the PT and the Dilma government.

However, there is no unanimity within the PT's high command regarding the possibility of "turning the page" on the Mensalão scandal. Although the majority of the PT leadership – which includes Lula – believes that the authors of the judicial-media offensive against the party will be satisfied with the heads of the "political core" of Criminal Action 470, there are disagreements. However, these are minority and resigned opinions.

The investigation requested by the Federal Prosecutor's Office from the Federal Police against Lula should serve as proof that the right-wing media will not give up until the PT (Workers' Party) is completely discredited and some political group willing to reverse the ongoing income redistribution process in Brazil is brought to power. However, it is not serving its purpose.

The Workers' Party leadership believes that there was no way to avoid the investigation into Marcos Valério's accusations against Lula, but since they believe the Federal Police will find nothing against the former president and, at the end of their investigation, will recommend to the Federal District Attorney's Office that the case be dismissed, there is no reason for concern.

This is a colossal mistake that could be fatal to the PT's political and administrative project for Brazil. The Attorney General's Office is not obligated to accept the Federal Police's recommendation; it can simply disregard it and send the case to the first instance court.

And although it may seem difficult, there is no guarantee that, in a maneuver led by Joaquim Barbosa, the Supreme Federal Court (STF) will not take over the case, depriving Lula of the right to a second instance of jurisdiction because he does not have "privileged jurisdiction." And all of this, in theory, could happen before or during next year's election.

The Mensalão trial was a conspiracy between the media, the opposition, the Public Prosecutor's Office, and the Judiciary. The PT, although it doesn't say so in its dissenting statement released shortly after the trial ended, insinuates exactly that.

It would be better if President Dilma were to appoint, in July, an Attorney General who is not linked to any political groups, but no choice will guarantee that whoever is appointed will not change their behavior and succumb to right-wing media blackmail.

In an interview with Folha de São Paulo published by the newspaper this Wednesday, José Dirceu accuses Supreme Court Justice Luiz Fux of telling him, before being nominated by the president to his current position, that he would acquit him.

Betrayal in politics is not the exception. Would it be an exaggeration to say it's the rule?

Now, the same pressure mechanism used against the "old" Supreme Court to convict members of the Workers' Party without evidence can be used against any other newly appointed or soon-to-be-appointed minister, as well as against the new Attorney General of the Republic.

As long as Globo has such great power to exert pressure, as long as it is so feared, there will be no more legal security in Brazil. Jurisprudence and everything that is known about the functioning of the justice system in the country is no longer worth anything. If the Mensalão trial didn't serve to show this to the PT (Workers' Party), it will only wake up when it's too late.

I ask you, reader, to carefully remember what I am saying. I ask that, later on, you remember that someone warned about what was to come. Despite the disaster this prediction will bring to the country, at least when it comes true, people will realize that this blogger doesn't write guesses about what he doesn't know.