Brazil: Lula sentenced to jail, Senate passes anti-worker law

July 14, 2017
Issue 
Protester holds up a sign that reads: "No prison for Lula. Down with the coup"

Former Brazilian President Luiz Inacio "Lula" da Silva was sentenced on July 12 to nine years and six months jail 聽in the Operation Car Wash investigations.

Lula was condemned for passive corruption crimes and money laundering. However,聽prison time has not been applied as the prosecution awaits聽an appeal.聽Judge Sergio Moro alleged Lula received about US$1.15聽million in bribes.

The ruling could bar him from running as the presidential candidate for the leftist Workers鈥 Party (PT) in next year鈥檚 elections, despite having the of all candidates.聽

A Datafolha poll in April showed that Judge Moro, who many are predicting will also run for president, would be tied with Lula in a possible second round of elections.

鈥淧resident Lula is innocent," Lula's lawyers said in a statement.

鈥淣o credible evidence of guilt has been produced, and overwhelming proof of his innocence blatantly ignored. This politically motivated judgement attacks Brazil鈥檚 rule of law, democracy and Lula鈥檚 basic human rights. It is of immense concern to the Brazilian people and to the international community.鈥

Harshly criticising Moro's decision to convict Lula, PT parliamentarian Paulo Pimenta said that next year's presidential election 鈥渨ill not be tolerated, nor permitted鈥 without Lula as a candidate.聽

Brazil's Popular Front, a broad coalition of trade unions, social movements and leftist parties, called for mass demonstrations in response to the ruling.

The 71-year old PT leader can appeal聽to a federal聽court but could face time in prison if the judge聽rules he poses a flight risk or has a concern that the defendant could intimidate witnesses.

If his appeal is not accepted, he could seek an injunction from the Supreme Court. In the case that none go forward, Lula would be prohibited from running for any public office for eight years and could face prison or house arrest.

The ruling came a day after the Brazilian Senate's approval of President Michel Temer's聽unamended labour reform bill, which has been heavily criticised by trade unions and social movements.

Following Dilma Rousseff's聽impeachment, in what many regard as a parliamentary coup against the PT president, labour reform became the聽central pillar of a聽host of austerity measures and neoliberal policies pursued by Temer鈥檚 unelected government.

Temer's reform changes more than a hundred clauses in Brazil's Consolidated Labour Law, which was first introduced in 1943 by President Getulio Vargas.聽Some of the most devastating aspects, according to lawyer Isaac Yarochewsky, include:

- If a worker is contracted as 鈥渋ntermittent鈥 (article 443), they are not guaranteed the聽minimum wage, holidays or a Christmas bonus. These聽will be up to the employer.

- Workers will no longer be able to choose which union represents them. They will be obliged to accept all decisions made by聽arbitrarily selected unions.

- After collective bargaining negotiations, employers will be legally allowed to eliminate previously established聽workers' rights.

- If a worker's arbitrarily selected union implements a norm that is damaging to union members, no member will have the legal right to contest the measure in court.

- A worker's physical safety is valued in accordance with each worker's wages. In other words, if a worker suffers an accident at work, (roughly 700,000 occur each year in Brazil) 鈥測our life is worth how much you earn鈥 according to article 223-G.

- If a worker, for whatever reason, fails to attend a court hearing related to their accident, the worker will be obliged to reimburse the state for expenses incurred. They will also have to pay the company's legal聽fees.

- Workers who earn more than $685 a month聽and are sacked from their position without receiving past wages or a severance package will be required to pay their own legal fees to bring the case to the Justice Department.

- The termination of contracts聽"by mutual accord" will be implemented. In other words, formal job layoffs will be a thing of the past. Workers can simply聽be asked to kindly leave聽the premises.

- Pregnant women will not be protected against working in unhealthy environments. That includes working in noisy, dusty,聽sunny, and other harmful environments as long as a doctor authorises it.

[Compiled from TeleSUR English.]

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