I warned yesterday that the decisive test for Brazil would come AFTER the election. Would Brazil return to normal democratic competition or follow Venezuela’s path after December 2015?
That test applies regardless of who ultimately wins or loses the contested election.
Last night, Lula used his victory speech to promise greater regulation of social media platforms he accused of interfering against him. Today, his opponent—who is challenging the result—says Alexandre de Moraes has ordered him to surrender his passports and forbidden him from leaving Brazil.
Venezuela’s warning is precisely this. After the opposition won parliament in December 2015, courts became instruments of Maduro for stripping that victory of its practical meaning. Democratic institutions retained their names while entirely losing their independence. Maduro never left until he was removed by force.
Lawfare becomes a means of consolidating power when opponents can participate in elections but cannot safely challenge those who govern.
This is what the U.S. and other governments should examine as it weighs recognition. The question extends beyond the tally to whether Brazil will preserve meaningful political competition afterward.
If Brazil is returning to normal, demonstrate it Lula and Moraes. Protect lawful dissent, permit election challenges and justify every restriction through evidence and due process.
Winning an election, if Lula even won it, would confer authority to govern. It confers no authority to extinguish the opposition.
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