In a stunning 6 to 5 decision, the justices of Brazil’s Supreme Federal Tribunal voted to reopen crucial parts of what has been considered one of the most important corruption cases in Brazil. The vote has cleared the way for a new round of appeals by former high-level government figures who were convicted for their role in a vote-buying scheme called the Mensalão, or “big money allowance.”
The scandal earned the name Mensalão because members of the Worker Party were charged with and convicted of making regular payments to some lawmakers in exchange for favorable votes. To date, none of the convicted men have gone to prison for the scandal that was brought to light in 2005.
The original Mensalão trial was widely considered a “watershed moment” in the fight against corruption. Many interpreted the convictions as a signal that the high court would be taking corruption seriously in the future.
There is a concern that it will continue to be difficult to send politicians to jail. This is already a rare occurrence because more than 700 political figures enjoy a special judicial standing that requires their cases to be heard only by the high court. Before 2001, politicians couldn’t be tried without the authorization of Congress. The problem now is that the resolution of the case will be significantly delayed because the Supreme Federal Tribunal must also deal with a backlog of thousands of other cases.
Those watching the developments in the Mensalão case believe that the current system results in such long delays that the final resolution of the case can be delayed indefinitely. This is thanks to a rather obscure rule of legal procedure that few people have heard of. When the vote is close in a trial, the rule allows court justices to conduct another vote.
Although there is no expectation that the convictions will be overturned during the appeals process, the defendants are expected to seek less restrictive prison sentences. Requests may include the ability to leave prison during the day to work. However, if the delays continue long enough, there is a possibility that the convicted political figures will avoid jail time altogether.
