Brazil’s Laboratory of Democracy
What Can We Learn from Brazil and its 2022 Election?
This essay from Civic Way’s global democracy series was co-written by Bob Melville and Will Arrington. Bob is the founder of Civic Way, a nonprofit dedicated to good government, and a management consultant with over 45 years of experience. Will is an advisor to Civic Way with a Bachelor of Arts in Political Science from the University of North Carolina at Chapel Hill. Will, a former Peace Corps volunteer, works in Washington DC.
Civic Way’s Comparative Democracy Series
The world’s democracies come in many forms, but they face similar challenges.
Some have strong central governments, some federated structures. Some an independent chief executive and some a parliamentary form. Some structural variations are embodied in a nation’s constitution and laws. Others spring from historical, cultural or demographic roots.
To meet the inherent challenges of democracies, many nations refine their constitutions, laws and cultural norms. Learning about these changes, and the risks they were intended to address, can yield promising ideas for preserving and improving our own democracy.
An Introduction to Brazil
Brazil seized the world’s attention during its recent election. The left-wing challenger (and former President) narrowly defeated the right-wing incumbent after a vicious campaign embodied by lies. What does the election mean for Brazil’s democracy, or the rest of us?
Brazil is the most populous and prosperous country in South America. Its 217 million people live on 10,000 square miles, nearly the land mass of the US. With an economy of $2.9 trillion, Brazil has the 9th largest economy in the world and the largest in the Southern hemisphere. It provides social security, universal healthcare (Unified Health System) and free higher education.
After winning its independence from Portugal in 1822, Brazil endured violence, authoritarianism and crony capitalism. From 1945 to 1964, Brazil’s democracy briefly bloomed, but a military junta ended it. A military dictatorship ruled Brazil until 1985, when democratic elections were held. Since then, Brazil has enjoyed impressive political stability and remarkable economic growth.
Brazil’s Government Structure
Since its 1988 constitution, Brazil has been a democratic presidential republic. The government is divided into three independent, coequal branches as follows:
Executive branch – The President is the head of state, armed forces and government, empowered to appoint cabinet members (subject to Senate confirmation), propose legislation and issue provisional decrees (i.e., they expire after 60 days without legislative approval).
Legislative branch – The bicameral National Congress enacts legislation and may review the executive’s public expenses. The Senate, which has 81 members, also confirms officials recommended by the President[i]. The Chamber of Deputies has 513 members.
Judicial branch – The Supreme Federal Court, comprising 11 justices, is the highest court (with judicial review powers). Subordinate courts of general jurisdiction include the Superior Court of Justice (highest court for non-constitutional issues), Regional Federal Courts and state court system. There also are special courts for electoral, labor and military matters.
The Public Ministry (PM)—the Public Prosecutor's Office—operates independently from the three branches. It is empowered to bring criminal charges and try criminal cases at the federal and state levels (often referred to as the fourth branch).
Brazil’s local government structure, which resembles the US’ structure, comprises 26 states plus a federal district, including the capital city of Brasilia. The states governments—each with three coequal branches—enact and administer their own laws. The states are further subdivided into 5,500 municipality governments, with each county, town and city having its own government.
An Overview of Brazil’s Democracy
The Economist Intelligence Unit's Democracy Index (DI) ranks Brazil as a “flawed democracy” with a 6.86 score (10-point scale), down from its 7.38 apex in 2014. It is ranked 47th among 167 nations, and 6th in Latin America. Its overall score is suppressed by low government functionality and political culture scores stemming in part from Brazil’s polarized politics and the divisive Bolsonaro administration. It also reflects a broader regional trend of “increased polarization” and a shrinking “political center.”[ii]
The Freedom House labels Brazil “free” with 73 of 100 points. It acknowledges, “Brazil is a democracy that holds competitive elections, and …, though polarized, is characterized by vibrant public debate.” It also notes, “Corruption is endemic at top levels, contributing to widespread disillusionment with traditional political parties.” And it expresses concerns about discrimination and violence.
Other noteworthy features of Brazil’s democracy include the following:
Suffrage – All citizens become eligible to vote at the age of 16. Voting is compulsory except for those aged 16 to 18, those over 70, and the illiterate. Military conscripts are forbidden from voting. Voters have cast ballots electronically since 1996, and are allowed to vote for parties.
Elections – Elections are held every four years. Victory requires a simple majority. If the first election does not produce a simple majority winner, the top two candidates advance to the second election (runoff), the winner of which is elected. The Supreme Electoral Court (TSE) enforces electoral law and presides over violations cases.
Campaign financing (parties) – Political parties receive public funds from the Special Fund for Financial Assistance to Political Parties (Partisan Fund)[iii], plus free access to television and radio broadcasting. However, a recent constitutional amendment requires parties to surpass certain thresholds to be eligible for these funds[iv].
Campaign financing (campaigns) – Regulations have been tightened. Legal entities can no longer make donations. Individuals cannot give campaigns more than 10 percent of their prior year income. Candidate contributions cannot exceed ten percent of total campaign costs. The Special Fund for Campaign Financing (the Campaign Fund) publicly funds some campaign costs.
Executive branch – The President is directly elected by popular vote but must be registered with a political party. The Vice President, who runs on the same ticket, succeeds the President in the event of death, removal or incapacity.
Legislative branch – Senate elections are staggered with 1/3 to 2/3 of the seats contested every four years. When voters select a Senator, they also select two alternates on the same ticket (for removal or incapacity). Elections for the Chamber of Deputies are held every four years.
Legislative representation – Senate seats are allocated equally to the 26 states and Capital District (three each). House seats are allotted proportionally to states based on population, with each state allocated eight to 70 seats. There is no mechanism for party allocation.
Judicial branch – Supreme Federal Court justices are appointed by the President and approved by the Senate. The Federal Court of Accounts, with nine ministers[v], functions as an auditor for all elected officials. The National Justice Council oversees the judiciary’s administrative and financial performance, and conducts disciplinary hearings for individual judges.
Term limits – The President serves for a four-year term, up to two consecutive terms. A former President may run for a third term at least four years after the end of the last term served. The National Congress has no term limits. The Supreme Court has a mandatory retirement age of 75.
Removal process – The Brazilian impeachment process requires two steps: the Chamber of Deputies indicts a President, Vice President or other federal official by a 2/3 vote and the Senate conducts a trial and, upon conviction, orders the official’s removal.
At least 30 political parties vie for power in Brazil, and none dominate. Today, there are six major parties, including one on the left, the Workers’ Party (PT), and five on the right, the Brazil Union, Progressives (PP), Brazilian Democratic Movement (MDB), Social Democratic Party (PSD) and Liberal Party (PL). Together, the five right-center/right-wing parties hold a majority of the seats in both chambers of the National Congress.
The 2017 electoral threshold system—a barrier to small parties receiving subsidies and free political broadcasts—has triggered more party mergers (subject to TSE approval). The threshold system encourages more party collaboration, but it also makes party switching more common and electoral coalitions more fragile. Bolsonaro, for example, left the PSL in 2019 and joined the PL in 2021.
Recent mergers include the Social Liberal Party (PSL) and Democrats in 2021 and the Liberal Party and Alliance for Brazil in 2022. The Brazil Union—the product of the PSL/Dem merger—now has the most Chamber of Deputies members. The new Brazil of Hope alliance is a coalition of the Worker’s Party (PT), Brazilian Communist Party and Green Party. More changes should be expected in the years ahead.
Brazil’s Recent Political Landscape
In recent decades, Brazil’s politics have been democratic, but turbulent. From 2003 to 2011, Luiz Inácio Lula da Silva (Lula), served as President. Under Lula, Brazil’s economy soared. However, Lula’s successor, Dilma Rouseff, was impeached for criminal misconduct and removed from office. In 2016, Operation Car Wash, a vast corruption investigation into Petrobas and government contractors, produced corruption convictions for many, including Lula. These scandals set the stage for major change in 2018.
In the 2018 election, the candidates faced voters disillusioned by scandals, economic worries and rising crime. The presidential race brought shrill rhetoric, disinformation, threats and violence. Jair Bolsonaro, then of the far-right Social Liberal Party (PSL), was stabbed at a rally. Bolsonaro’s campaign conveyed pledges to end corruption and crime, and a wanton contempt for democracy.
Bolsonaro won the presidential runoff election with 55 percent of the vote. In the lower house elections, 30 parties won seats—the largest number since Brazil’s return to democracy. The PSL captured 52 seats (up from a single seat in 2014). The PT lost seats but remained the largest single party. In the Senate elections, the MDB and PSDB were the big winners, but no party won over 13 percent of the seats.
Bolsonaro’s illiberal populism marked a sharp departure from the past. His disdain for democracy and loyalty to the military sparked anxieties. His demands for impeaching Supreme Court justices heightened tensions. His baseless attacks on electronic voting undermined public trust. His advocacy of discredited medications and misinformation during the pandemic alarmed Congress. His rhetoric and conduct weakened his governing coalition and polarized voters.
In 2021, the Supreme Court annulled Lula’s conviction[vi]. In 2022, Lula mounted a historic comeback. In the second election[vii], Lula beat Bolsonaro by a narrow 51-49 margin, the first time in Brazil’s modern democracy an incumbent president failed to win re-election. In the National Congress, center-right and right-wing parties won healthy majorities—over 80 percent of Senate seats and 70 percent of lower chamber seats. Bolsonaro’s Liberal Party (PL) picked up three more seats in the Senate and 22 more seats in the lower chamber.
Given the mixed results, questions remain. Will some politicians continue to discredit Brazil’s elections and democracy? Can Lula build a governing coalition? Even more ominous, have the dogged efforts to develop the Amazon already inflicted irreversible harm on Brazil and the world?
Possible Lessons for the US
While Brazil’s democracy shares many characteristics with the US, it has some interesting features which may be worthy of consideration, such as:
Parties – The nation’s political pluralism forces the executive branch to cobble together diverse coalitions to govern. However, the threshold system makes such coalitions more fragile. Allowing political parties to operate without oversight could invite more public corruption.
Voting – The adoption of compulsory voting has increased turnout (80 percent in 2018). Despite claims to the contrary, the nationwide electronic voting system continues to function effectively, and, unlike in US, enables Brazil to promptly report election results
Elections – The Supreme Electoral Court’s (TSE’s) diligent enforcement of election laws lent credibility to its 2022 defense of the electronic voting system’s integrity. The TSE has been effective in quickly debunking baseless claims of election fraud.
Executive branch – The run-off mechanism forces the President to win a simple majority of votes and thereby enter office with significant voter support.
Campaign financing – Tighter regulations and the Campaign Fund have helped, but large donations from sugar magnates and other wealthy individuals continue to plague Brazilian politics.
Legislative representation – The equal allocation of Senate seats to states and the lack of a proportional party allocation mechanism could suppress representation for certain constituencies.
Judicial branch – The Supreme Court has become an independent safeguard against executive overreach. The Federal Court of Accounts and National Justice Council help hold officials in all three branches accountable.
Term limits – The executive term limit encourages turnover. The long legislative terms (four years for the lower chamber and eight years for the upper chamber), coupled with serious public corruption concerns, could make term limits more appealing.
Removal process – The impeachment process is the only mechanism for removing public officials, but given its recent use, it is clearly regarded as an effective accountability measure.
As part of its continuing efforts to combat public corruption, Brazil created the Public Ministry (PM)—the Public Prosecutor's Office—labelled the fourth branch of government by some. The PM operates independently and possesses enormous prosecutorial powers over federal and state criminal cases.
We cannot perfect our union without perfecting our democracy. This will require us to not only learn from our own successes and setbacks, but the feats and failures of other nations. Reviewing the successes of other nations and the barriers they overcame will help us strengthen our democracy.