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Talking about the results of the elections in Brazil and the victory of Jair Bolsonaro, it's open a Pandora's box. The elected president raises hatreds and pbadions that are difficult to ignore. Even the most technical and peaceful badysis does not allow us to forget the challenges that are looming in Latin America with the arrival of the far right in power.
Salvadoran lawyer Herman Duarte shares his thoughts on this subject in this interview. Duarte is known for his personal and professional commitment to the defense of human rights, but emphasizes before starting:
"I speak personally and as the founder of HDuarte Legal and the Igualitxs Foundation. other charges, but I will not speak on their behalf. "
– The ultra-right Jair Bolsonaro won in Brazil. What do you think of those who argue that the strength of institutions will be a wall of contention for ideas that many call misogynistic, homophobic and racist? There is already a record of increasing violence. Aliança Nacional LGBTI informed, before the second round of the elections, that "of the 41 reports of electoral violence recorded by the organization between the end of September and 18 October 26 (63%) are related to situations & LGBTIphobic.
– More than looking to Brazil and concluding that Brazilian democracy is untouchable, we must observe the Global phenomenon The liberal states are plunged into a crisis of trust in institutions as a result of corruption by left and right governments, as we have seen in Mexico and now in Brazil , which are polar opposites.
The power of ultraconservative groups and the threat they represent can not be underestimated Even psychologist and intellectual Steven Pinker agrees that liberal democracies are more exposed as never before. We return to nationalism, to blame abroad and abroad . According to conservative groups, the release of badual diversity is also guilty of the ills of society.
Antibodies were created, politicians without proposals. I think that Bolsonaro, like Fabricio Alvarado in Costa Rica, has no higher education. The worst is that the opponents do not know how to exploit their skills. Two Harvard graduates were expelled from the political career in Costa Rica against an evangelical pastor who only knew how to sing. These are people who arrive with what I call the "dangerous discursive". Hate speech that is wrapped in innocent language. They ask that the beliefs of their groups be respected, but they are practically convictions of extermination of others. The strategy is to generate speeches like those used by Hitler to gain power to create divisions in the population, thereby generating hatred between us. To put things in perspective, I have the impression that we are in 1920. Hitler has not yet come to power, but it will happen.
– The last elections in Costa Rica presented a scenario similar to that of Brazil. The reality of these two countries (because of their history, their own geography and their demographics) does not serve to draw a parallel. However, do you think you could have learned a lesson from Costa Rica during this period? Are the most successful models of human rights in Latin America sufficiently known?
– This is a very good question. Look, I think there is a parallel because there is a recurring principle. On one side, there is a leftist party in the government that has had corruption scandals and on the other side, a right without a proposal. A right that leaves room for religious fundamentalism.
You are right to point out that there are big differences. Brazil has about 205 million inhabitants and Costa Rica about 5 million. The impact that an individual can generate here is very different from the impact that an individual can generate in Brazil . However, it seems to me that the big difference was the erosion of the Workers Party (PT) and its exaggerated corruption scandals . This is a factor that gives scarifier, so that other countries see what happens. In Costa Rica, we have a leftist government in continuity that formed a kind of coalition to govern. If the current Administration does not learn from its mistakes, any win can be won at a minimum election. Can we learn lessons? I think so. Especially in the field of corruption.
– One of the problems that concerns you the most is deforestation in the context of the climate crisis. Bolsonaro wants to merge the ministries of agriculture and the environment an approach sharply criticized by experts who warn that this would threaten the Amazon.
– I am not an expert in urban planning or public policy, but I can tell you that I would not be surprised if it becomes a kind of "Latin Trump" and that it starts to negate the reality of climate change. The Paris Agreement was a great effort that ordered oil-producing companies to end the ecological disaster. Donald Trump denies climate change and I think Bolsonaro will say that destroying the Amazon is not a big deal, when you know how important it is to the planet. We will have to wait and ask the Brazilian jurists if their courts have the same prestige as the Supreme Court of the United States because we saw the functioning of the institutionality. In any case, I would like to see these plans better before continuing to give my opinion. We want to organize a conference within the International Association of Lawyers (IBA) on the environment.
Personally, I was very shocked to learn that the privatization plans of Jair Bolsonaro had been taken into account. I am in favor of privatization, but it depends a lot on the areas. The Amazon is not only a good indigenous people, but a good for the survival of mankind.
– Indeed, Bolsonaro said that Brazil could withdraw from the Paris Agreement. After the departure of the US some wanted to send a rebaduring message stating that an agreement already signed by 146 countries could not be stopped. Do you think this could have a domino effect?
– I think so. Fabricio Alvarado said that he was going to get us out of the Inter-American Court of Human Rights (Inter-American Court) and that Bolsonaro announced that he was going to take Brazil out of the UN. Then he rectified and made it clear that he only wanted to take the country out of the Human Rights Council because there were "Communists inside". In that sense, I would not be surprised if there are groups around this issue.
Now, there are weights and counterweights. Actions are available for activists, there are complaints processes in treaties, et cetera. But tragic events have already occurred, such as the withdrawal of Venezuela from the American Convention on Human Rights (ACHR) and the jurisdiction of the Inter-American Court . If it is proposed to review what produced Jair Bolsonaro's victory in the region, he finds populist politicians in power. One thing is the law and another is society.
– Another controversial question seems to be the reception reserved by the financial markets in Bolsonaro, now that he is already elected president. Critical?
– According to what he said, I understand that the markets were favorable to Bolsonaro, who presented himself in theory as a liberal. Liberal Conservatives are fake Liberals. This is where the UN intervenes and the importance of sustainable development goals.
We have already followed the Washington consensus once and it was very bad for us. Extreme capitalism is not the answer. Mind you, I think capitalism is the best solution we have, but it's not helpful in the extreme. We have already seen the catastrophes and the financial disasters to which it leads. That's why I think the United Nations agenda for the Sustainable Development Goals is important. It is a noble and very necessary cause for the development of humanity and business. We can not continue in the model of making money to make money . We must respect problems that have not been respected, such as the environment for example. There is still a lot of work to be done in this area, as markets continue to evolve because of trust . Maybe the financial markets trust Bolsonaro more because it suggests a system based on the liberalization of the economy, but we will see what impact it will have on productivity, on people who feel restricted and repressed.
– We knew that a few days ago. the appointment of Judge Sergio Moro as Minister of Justice. What do you think it will mean in the action against corruption in Brazil and in the rest of the region?
– It is an act that highlights an entire problem of ethics, conflict of interest. Independently of the acts of Lula, his trial is accused of political connotation . The judge in charge should have stayed out of politics. It reminds me, in a way, of Eugenio Chicas in El Salvador. He was president of the Supreme Electoral Tribunal during the 2014 presidential campaign, in which Salvador Sánchez Cerén was elected. Chicas played a totally partial role in favor of Sánchez Céren's play, punishing his opponents. He then entered as the presidential communications secretary, highlighting an ethical problem in his actions.
Moro was to remain judge. Lack of ethics, calls into question its independence and impartiality, generating reasonable doubts. Is Lula really guilty of what is being blamed? It is also worth wondering what would have happened if I had not gone to jail. Let's not forget that the airs of fascism brought by Bolsonaro can give a false appearance of progress in matters of security and corruption, but this is often the product of censorship of the press and the elimination of enemies. .
– Be the center of your work from now? What kind of alliances would you like to see in the legal profession to effectively promote the rule of law?
– I wish to give lectures in all law faculties of Latin America and on my book in all the Allied law firms of the region. My work will be in the country zone, denouncing the atrocious errors . Now, I'm in contact with Brazilian activists to look for spaces. It is necessary for lawyers from all over the region to wake up. Not to position oneself for fear of losing customers, it is siding with the oppressors . They will eventually lose more customers when they have a dictatorship, because without Cortes, the activity will stop. Look at BLP, it seems to me a very exemplary office. They act with conviction and are number one in Central America.
We must empower people. If we want to live in a democracy, we can not leave this work alone to activists. We must all get involved, otherwise this democracy will end.
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