Jair Bolsonaro, Maria do Rosário, and the Champinha case

Over a decade ago, in November 2003, Liana Friedenbach, 16 years old (a minor in Brazil law), and Felipe Silva Caffé, 19 years old, were camping in an abandoned farm close to São Paulo.

While they were camping, the couple was found by a group led by Roberto Aparecido Alves Cardoso, aka “Champinha”. Initially, Champinha and his group wanted to steal from the couple. Realizing that they had little to no money, they changed their minds and decided to kidnap Liana and Felipe.

In the first day of captivity, one member of the gang raped Liana. Felipe was killed on the next day with a shot in the back of his head. Liana heard the shot, but the group lied to her saying that her boyfriend was set free. Liana was then raped by other members of the group led by Champinha.

The group never contacted the families asking for a ransom. On the third day, Liana’s family, worried about the lack of contact, called the police, which found the place where the couple was camping, with some of their belongings. Noticing that the police was closing in, Champinha killed Liana with knife strokes.

Champinha, the leader of the group who kidnapped, raped, and murdered Liana, was underage when the crimes happened, and because of that could not be sent to prison. Instead, he was interned in a correction institution.

The crime shocked Brazil. It was answering this crime that Jair Bolsonaro, at the time a congressman, was clamoring for a change in Brazilian law, allowing criminals like Champinha to be prosecuted. Maria do Rosário, a congresswoman from PT, the party of former president and today prisoner Lula da Silva, was opposing Bolsonaro. During their debate, Maria do Rosário called Bolsonaro a raper. Bolsonaro answered “I am a raper? Look, I would not rape you because you don’t deserve it”. Later Bolsonaro explained that he intended to insult Maria do Rosário by saying “even if I was a raper, as you say, I would not rape you because you are too abominable, even for that”.

So that’s it. I hope this helps non-Portuguese speakers who can read English to understand a polemic phrase attributed to Bolsonaro. And I also hope that Brazilian law is changed someday so that justice can be made and criminals like Champinha and his gang get the death penalty for their crimes.

The real threat to democracy in Brazil

Earlier this week, Ricardo Lewandowski, a judge in Brazil’s Supreme Federal Court, was in a commercial flight. The passenger sitting next to him turned to the judge and said: “I am ashamed of Brazil’s Supreme Federal Court”. Lewandowski’s reaction was to threaten the passenger with jail. He turned to him and said, “tell me, do you want to go to jail?”  The passenger was indeed stopped by the police at the destination, but released right after. The video of the exchange is easily found on Youtube.

Lewandowski came to the Supreme Court appointed by former president Lula da Silva, today serving time in jail for corruption and still indicted for several crimes. He has been criticized several times for favoring Lula and his party.

I wonder if the press, that complains so much about Jair Bolsonaro being a threat to democracy in Brazil, will have the same treatment for Lewandowski. When you cannot criticize in public a public server or a public institution without being stopped by the police, democracy is no longer in place.

Since the 19th-century Brazilian judges and magistrates believe they are above the law. It is just a sad fact in Brazilian history. The challenge for Brazil is to show people like Lewandowski that they are just humans, open to criticism, like everybody else.

Answering questions about Bolsonaro (from the comments)

Answering some comments about Bolsonaro, as far as I can.

Can you deal more precisely with some well known claims about Bolsanoro: he has praised at least one military officer who was a notorious torturer under the last dictatorship.

The “notorious torturer” in question is Carlos Alberto Brilhante Ustra. Ustra himself wrote a book, A Verdade Sufocada, questioning this accusation. I am not defending Ustra (as Bolsonaro does), but in my ignorance, I lift any judgment.

he has praised the dictatorship.

There is no denying that. Actually, Bolsonaro refuses to admit Brazil went through a dictatorship between 1964 and 1985.

I’ve just checked your previous contributions on Brazilian politics and you seem to be in favour of the dictatorship as a agent of struggle against Marxism. I agree that marxism is a bad thing, but it’s not clear to me that means supporting rightist dictatorship.

Nothing could be further from the truth. Read again.

You say that Bolsanaro understands the need for ‘order’ in Brazilian society.

Actually, his name is Bolsonaro. Where did I write that?

Can you identify some restrictions on liberty in Brazil that Bolsanaro would remove?

No, I cannot. One thing is for sure: he is not a libertarian.

Don’t you think there is the slightest risk his attitude to ‘order’ might lead the police to act with more violence?

Well, all things are possible. But I don’t think that this is plausible.

Do you deny that the police sometimes act with excessive violence in Brazil?

No.

Do you have any expectation that Bolsanaro will do anything to resolve this or the evident failings of the judicial system?

Yes. Having Sergio Moro as Minister of Justice is a great move in the right direction.

Do you deny that Bolsanaro said he would prefer his son to be gay rather than die?

No.

Don’t you think this gives gays good reason to fear Bolsanaro?

Not at all. Bolsonaro was being very honest about his personal beliefs and how they apply to his personal life. Even then, this was a few years ago. I believe he is changing his mind on a number of issues, including this one. Anyway, he was talking about his private life, and not what he would do as president.

I have had a message from a gay American friend who says he is afraid of what will happen and may have to flee the country? Do you understand and care why he is afraid? Do you have any words I can pass onto my friend to reassure him? Preferably not angry words about Gramsci, ‘cultural Marxism’ and ‘gender theory’.

If I can’t talk about cultural Marxism, Gramsci and gender theory, I can’t help much. This is essential to explain what is going on in Brazil.

Could you actually explain what this ‘gender theory’ in schools is that it i so terrible and apparently justifies Bolsanaro’s crude language?

It would take very long, but the short answer I can give here is that it is terrible to teach people that their gender has nothing to do with biology. Apart from real medical conditions, people are born XX or XY, and gender and sex go together.

Do you deny that he said a congress woman was too ugly to rape?

No, I don’t. This woman, Maria do Rosário, called him a raper. How would you feel being called a raper? I know I wouldn’t like a bit. Besides, on that occasion, Bolsonaro was exactly defending harder punishment for rapers, following the Champinha case. Champinha and his gang raped and then murdered Liana Friedenbach and her boyfriend Felipe Caffé in one of the most barbarous crimes in recent Brazilian history.  Maria do Rosário was defending Champinha and his gang. See if you can find something about it in a language you can read. In sum, Bolsonaro answered an insult with another insult. I have no problem with that whatsoever.

Can you explain how someone can be fit to hold the highest office in Brazil who makes such a comment?

It would take very long. But the short answer is that I am really happy to have a president who, if he had his own way, would have the death penalty for criminals like Champinha and his gang.

It’s nice of course that Bolsanaro says now he is favour of free market economics, but isn’t he now back pedalling on this and promising to preserve PT ‘reforms’?

He is not a libertarian. Libertarians are sure to be disappointed.

Well, I will stop here.  Sadly, although I can’t “write at length” more than that.

I write at length, so does Jacques, so there is no reason why you should not.

Actually, there are many reasons. You just don’t know. I did what I can right now. All the best.

Afternoon Tea: “Confucian Constitutionalism in Imperial Vietnam”

The phantasm of “Oriental despotism” dominating our conventional views of East Asian imperial government has been recently challenged by the scholarship of “Confucian constitutionalism.” To contribute to our full discovery of the manifestations of Confucian constitutionalism in diverse Confucian areas, this paper considers the case of imperial Vietnam with a focus on the early Nguyễn dynasty. The investigation reveals numerous constitutional norms as the embodiment of the Confucian li used to restrain the royal authority, namely the models of ancient kings, the political norms in the Confucian classics, the ancestral precedents, and the institutions of the precedent dynasties. In addition, the paper discovers structuralized forums enabling the scholar-officials to use the norms to limit the royal power, including the royal examination system, the deliberative institutions, the educative institution, the remonstrative institution, and the historical institution. In practical dimension, the paper demonstrates the limitations of these norms and institutions in controlling the ruler due to the lack of necessary institutional independence. At the same time, it also suggests that the relative effectiveness of these norms and institutions could be achieved thanks to the power of tradition. The study finally points out several implications. First, the availability of the constitutional norms and institutions in the tradition is the cultural foundation for the promotion of modern constitutionalism in the present-day Vietnam. Second, the factual material concerning the Vietnamese experiences can hopefully be used for further study of the practice of Confucian constitutionalism in East Asia and further revision of the “Oriental despotism” - based understanding of imperial polity in the region. Third, the findings may also be useful for a more general reflection on pre-modern constitutionalism.

That is from Son Ngoc Bui, a legal scholar at the Chinese University of Hong Kong’s law school. Here is a link.

Nightcap

  1. Mia Love, Trump, and abortion Rachael Larimore, Weekly Standard
  2. Presidents and the Press — A Brief Modern History Rick Brownell, Medium
  3. The gatekeeper of Israeli democracy and rule of law Mazal Mualem, Al-Monitor
  4. Contrarians in public life Chris Dillow, Stumbling & Mumbling

Afternoon Tea: “‘Chief Princes and Owners of All’: Native American Appeals to the Crown in the Early Modern British Atlantic”

This paper uncovers these indigenous norms by looking at a little-studied legal genre: the appeals made by Native Americans to the British Crown in the seventeenth and eighteenth centuries. These appeals show that they were aware of (and able to exploit) the complicated politics of the British Atlantic world for their own ends, turning the Crown against the settlers in ways they hoped would preserve their rights, and in the process becoming trans-Atlantic political actors. Focusing on three such appeals – the Narragansetts’ in the mid-seventeenth-century; the Mohegans’ which spanned the first three quarters of the eighteenth; and the Mashpee’s on the eve of the American Revolution – this paper explores the way that these Native peoples in eastern North America were able to resist the depredations of the settlers by appealing to royal authority, in the process articulating a powerful conception of their legal status in a world transformed by the arrival of the English. In doing so, it brings an indigenous voice to the debates about the legalities of empire in the early modern Atlantic world.

This is from Craig Yirush, a historian at UCLA. Here is a link.

Islamophobia!

Thousands of Islamists have pressured the Pakistani government to keep in jail a woman who was just acquitted by the Pakistani Supreme Court. Two European countries have offered to take her in.

Her lawyer has fled the country in fear for his life.

She was acquitted of blasphemy. Yes, speaking ill of the Prophet… or something. In Pakistan, they kill you for this.

The woman is a frail mother of several in her fifties. She is a landless agricultural worker by trade. She is a Christian in a country that is 98% Muslim.

If she did anything resembling blasphemy, she should be released for reason of insanity anyway. How could such a person so provoke her bloodthirsty neighbors and not be mad?

The silence of “moderate Muslims” on this case is making me deaf.

Yes, much of Western public opinion is Islamophobic. Perhaps the spectacle of thousands of bearded adult males demanding that a slight woman who has been declared not guilty of this grotesque “crime” be hanged, perhaps, it does not help.