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Jose Dirceu Convicted in Mensalão Corruption case

But the Brazilian Court abstained itself from even hearing evidence that may have incriminated former Brazilian president Luis Inacio da Silva.

By LUIS MIRANDA | THE REAL AGENDA | OCTOBER 10, 2012

The Brazilian Supreme Court convicted Jose Dirceu, a minister of former President Lula da Silva, for bribery in the process called Mensalão.

Along with Dirceu were also sentenced the then president of the Workers Party (PT), Jose Genuino, and treasurer, Delubio Soares. The three men who were the strong core of PT back in 2003, have been convicted of using taxpaer money to bribe four other political parties. The same political parties are now allies of the government, and several of their congressmen were — according to the discoveries made in the trial — bought off to support the first Lula government. The three convicted men will also be tried later for a crime known in Brazil as  “crew training”, the equivalent to forming and operating a criminal organization.

The Supreme Court had already convicted politicians from four different parties for passive corruption. On Tuesday, the Court dealt with the now proven corrupters.

The most difficult sentence to agree on, according to the press was that of Jose Dirceu, as the evidence against him was not as obvious as those of the others involved. One of the judges who acquitted Dirceu, Ricardo Lewandowski, warned that the acquittal did not mean that Dirceu was not the head of the plot, but he had not found in acts concrete evidence of his guilt.

Most judges, however, based their decision to convict Dirceu based on the theory of evidence along with the evidence presented by witnesses. They also turned to what happens in criminal organizations and the mafia. In these cases, they say, the bosses “leave no trace” and you have to get to the guilty verdict based on what they called “the crime as a whole.”

The conviction of the political nucleus that participated in the plot, whose responsibility, according to the indictment, fell over Jose Dirceu himself, the judges threw out the claim made by his legal defense that no such plot existed or that it was organized by the Workers Party in order to perpetuate its power in government. In fact, Dirceu’s defense team alleged that the Mensalão case was just isolated criminal behavior.

The local press in Brazil cites as a surprising fact that Jose Dirceu and his accomplices in the Mensalão plot were convicted by a Supreme Court in which 8 of the 11 judges, were appointed by Lula and President Dilma Rousseff. This fact debunks the argument that the trial against Dirceu and his cabal of criminals was just an attempt to ‘hurt’ the image of former president Lula da Silva. The result of the trial is not a move carried out by people from the opposite side of the aisle, but by PT loyalists who have identified themselves as Lula’s magistrate friends.

President Dilma had ordered on Tuesday morning his ministers not to manifest before the expected and Dirceu sentence.

The main stream press in Brazil anxiously expected an official statement from Lula, who in the past said that the Mensalão trial was a move stain his presidency. Lula has now said that the conviction of Dirceu is a sign of ‘hypocrisy’. The former president called Dirceu, José Genoino and Delubio Soares on Tuesday. As it is reported in Brazil, the calls were a gesture of solidarity to comfort the trio convicted by the Supreme, who always had Lula’s back during his 8 years as president of Brazil.

Previous to the conviction of Dirceu and the other PT members, Lula said he considered the live broadcast of the trial as a “political hit” by people who could not stand that a man like himself, reached the presidency of the country.

The loss endured by the Workers Party (PT) is not limited to the conviction of some of its most influential leaders. The significant defeat that the PT suffered last Sunday during the national election for Mayor and Councilmen all over the country is a clear sign of how the party has lost the favor of millions of Brazilians who were Lula’s unconditional supporters for 8 years and who also supported Dilma Rousseff, a woman that came to power mainly due to Lula’s sponsorship.

Leaving out the fact that the judges were not brave enough to at least hear accusations against former president Lula himself, it seems that the conviction of Dirceu is counted as a goal for accountability in Brazil and as a rare victory for The People in the match between them and the Mafia that governs over this country.

In a country like Brazil, it is not outrageous to ask whether the judges who convicted Jose Dirceu now have a target drawn on their backs.

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About Luis Miranda
The Real Agenda is an independent publication. It does not take money from Corporations, Foundations or Non-Governmental Organizations. It provides news reports in three languages: English, Spanish and Portuguese to reach a larger group of readers. Our news are not guided by any ideological, political or religious interest, which allows us to keep our integrity towards the readers.

One Response to Jose Dirceu Convicted in Mensalão Corruption case

  1. Mau Rício says:

    Hi,

    I´m a Brazilian journalist currently based in São Paulo, the base of the fiercest opposition to PT in Brazil. Documents available by email – contato.102012@odisseu.net. You have no idea of what is going on here. Starting by the end, PT had the biggest victory in elections for Mayor and Councilmen all over the country – it´s exactly the opposite and you can confirm that in any Brazilian newspaper, of any party color. In São Paulo, the PT candidate is favorite to win the opposition by over 10% of difference, and for the first time in 20 YEARS.

    Plus:

    1. Dirceu was sentenced WITHOUT ANY PROOFS, as the judges theirselves have already confirmed and admitted. The court inaugurated a jurisprudence only for him, using the theory of “dominion of the fact”, used to condemn him based on convictions rather than concrete evidence.
    The only thing that could condemn Dirceu were the meetings in which he was accused of bribing politicians. BUT, all the 5 to 10 participants of those meetings HAVE ALWAYS SAID he is totally innocent.

    2. If Dirceu belongs to any mafia, where is the precedent? Criminals have record, he doesn´t. He was the biggest fighter for democracy during dictatorship and personally responsible for the election of Lula and the modern, democratic Brazil that emerged today. It doesn´t make any sense that he suddenly became a top criminal.

    2. Roberto Jefferson, the main accuser, and according to the process and his testimony, has said the Mensalao never existed several times. He has lied and flip-floped over and over, and yet his words were taken as more credible than those in the meetings with Dirceu.

    3. The Brazilian press, famously known to be extremely biased, has been asking for his head for SEVEN YEARS, with DAILY covers in magazines/papers calling him and Genoíno “criminals”, “bandits”, “crooks”. I mean this is DAILY. They had a huge influence on judges, who are supposed to be neutral, no matter who appointed them.

    This trial is full of flaws, and it seems like Dirceu is being framed. The presumption of innocence has never been respected at all, and “innocent until proven guilty” here has been completely abandoned.
    The real plot behind the trial is the opposition desperately trying to gain ground and after being unable to beat PT in the elections.

    The proof is that Lula is favorite for the presidential elections in 2014 with 69% of the votes today, and so is Dilma with 59%.

    It´s a not a matter of being a member of PT, which I am not, but only check if the facts match the sentence… and they don´t.

    +++