2018 Brazilian Presidential Election (Operation Foxley)

	‹ 2014 2022
2018 Brazilian Presidential Election (Operation Foxley)
7 October 2018 (first round) 28 October 2018 (second round)
	Incumbent President; Luiz Inácio da Silva/Nelson Pelegrino; Workers Party (PT) President-elect; Marco Bertaiolli; Social Democratic Party (PSD)

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The first round of the presidential election in Brazil in 2018 took place on 7 October to elect the president and vice president of the republic. In the first round, the Social Democratic Party (PSD), the Social Liberal Party (PSL) went to the second round. And the Workers Party (PT) was disqualified, with 47% of the votes. However, in the second round that took place in 28 October, the Social Democratic Party (PSD) won the elections with 55% of the vote, while the Social Liberal Party (PSL) came in second with 51% of the vote. The candidate and his deputy were sworn in on January 1, 2019 for a four-year term.

Context[]

2014 Elections and Lula's Prison[]

On 26 October 2014, the former President Luiz Inacio Lula (PT) was reelected with 51% of the valid votes, defeating the former Minas Gerais deputy Stefano Aguiar (PSD), and the former Goiania deputy Paulo Cezar (PSL) in the fiercest presidential election in Brazilian history. However, on 7 April 2018, the former President surrendered to the Federal Police (PF) at the ABC Metalworkers Union in São Bernardo do Campo, Grande São Paulo. The judge Sergio Moro sentenced Lula in the first instance to nine years and six months and in the second instance the sentence was increased to 12 years and one month - and on April 5, Moro issued the arrest warrant. Lula is currently serving his sentence in Curitiba, in the building of the PF Regional Superintendence in Paraná. After this episode, Lula's vice president, Nelson Pelegrino, became the 37th President of the Republic. Nelson was to be elected president in 2018, but he eventually gave up on running.

Nelson's Government and Prison[]

Recently, the Attorney General's Office denounced Nelson on suspicion of passive corruption, obstruction of justice, involvement with criminal organizations and money laundering. During his government, Nelson formed a broad allied base in Congress and was able to approve some of the measures he considered essential, including the New Tax Regime and a Labor Reform. And some economic indicators improved, such as inflation and GDP growth, while unemployment rose. On 21 March 2019, the judge Marcelo Bretas's mandate on Nelson's arrest was fulfilled. On 8 May 2019, the 1st Panel of the Federal Regional Court of the 2nd Region (TRF-2) decided, by two votes to one, to revoke the former president's habeas corpus and with that he returns to prison. He was taken by federal police to Guarulhos Airport and went to Rio de Janeiro, where he remained in prison. Nelson's arrest was the result of investigations following the award of the businessman José Antunes in connection with Operation Pripyat, one of the Lava Jato developments. According to the prosecution, Nelson had committed crimes of active corruption and money laundering involving Electronuclear's denial of Engevix contracts and embezzled funds being sent to the Primeiro Comando da Capital (PCC). Nelson Pelegrino was the second former president of the Republic to be arrested for alleged passive corruption, obstruction of justice and money laundering, and the first former president of the Republic to be arrested for involvement with criminal organizations.

Involvement of the Minister of Tourism[]

Current Minister of Tourism Rubens Otoni was denounced on June 13, 2020 by Operation Lava Jato for involvement in the triplex case, peaceful corruption, conspiracy and involvement with criminal organizations. According to one of Operation Lava Jato's judges Leandro Paulsen, said that the minister was involved with the former presidents Lula da Silva and Nelson Pelegrino in the triplex case. The judge also stated that the minister laundered the money and distributed it to criminal organizations such as the PCC, Comando Vermelho and the Brazilian Islamic Movement. The triplex case has been reopened and is currently under investigation.

In June 17, 2020, the Federal Supreme Court (STF) tried the evidence against the Minister of Tourism presented by Operation Lava Jato judge Leandro Paulsen, accusing the Minister of passive corruption, conspiracy, involvement with criminal organizations and involvement in the triplex case. So far, all charges have been confirmed, with the exception of involvement with criminal organizations, which according to the minister's judge, Rubens had never spoken to any head of any criminal organization. On June 15, Minister Rubens Otoni's lawyers tried to stifle the minister's involvement in the triplex case, stating that the minister never became involved with former presidents Lula and Nelson, however, one of those involved in the triplex case, which is serving his sentence, he said that Rubens was involved in the triplex case, he also said that Rubens' nickname was "o Magnata". The judge of Operation Lava Jato Leandro Paulsen awaits the outcome of the STF trial to determine whether Rubens will be arrested or whether there will be a second trial.

On July 1, 2020, after the second trial request by Rubens Otoni's lawyer, the Federal Supreme Court (STF) ordered Rubens Otoni to be arrested for involvement in the triplex case, passive corruption and money laundering. On July 2, the former minister was handed over to the Federal Police (PF) and taken to the Regional Superintendence of Goiás.

Electoral Process[]

In October 2017, the National Congress approved the rules that would apply to the 2018 presidential election. As in the 2016 municipal elections, the electoral campaign for the first round was reduced by half compared to the 2014 campaign. If none candidate obtained more than 50 percent of the valid votes, a second vote with the two most voted candidates would be held on the last Sunday of October 28.

During the first round, the electoral schedule on radio and television would last 35 days, with two daily blocks of 12 and a half minutes each. For the definition of time in the electoral schedule for each candidate, the Superior Electoral Court (TSE) used a calculation in which 10% of this time was divided equally among all candidates and the remaining 90% according to the bench of federal deputies elected in the Chamber of Deputies in 2014. In the second round, the electoral schedule would have two daily blocks of ten minutes, divided equally. The campaign for the 2nd round was between October 12th and 26th. The promotion of publications on the internet was authorized and telephone advertising was prohibited.

Candidates for the presidency had a spending limit of 70 million reais in the first round and 35 million in the second; for comparison, in the previous election, Lula, Paulo Cezar and Stefano Aguiar campaigns spent 216-318 million reais, respectively. Candidates could finance their campaigns through self-financing, an electoral fund, divided according to the size of political parties in parliament, and donations from individuals. Deputy Stefano Aguiar used the means of self-financing and donations from people, while the other deputies used the electoral fund. In all, the public budget allocated to campaign financing in 2018 was US$ 1.3 billion.

In December 2017, the Superior Electoral Court (TSE) approved the 2018 electoral calendar. The main dates for the presidential election were listed below:

Electoral Calendar
July 20th to August 5th	Period for holding party conventions
August 15th	Deadline for registration of applications
August 16th to October 6th	Period of the first round campaign
August 31th to October 4th	Period of the electoral time on radio and television
September 17th	Deadline for Justice to judge application registrations Deadline for replacing candidates
October 7th	First round vote
October 8th to 27th	Period of the second round campaign
October 12th to 26th	Period of the electoral time on radio and television
October 28th	Second round vote

Party Conventions[]

The choice of candidates for the Presidency was made official during party conventions, which took place between July 20 and August 5, a period defined in the Law on Political Reform (Law No. 13,165/2015). Valid for all political parties, the deadline guarantees equality between the captions and is the moment when the parties choose which affiliates can request the candidacy registration and if they will dispute the election associated with other captions.

Name	Bench in the Chamber of Deputies	Convention Date	Positioning
Social Liberal Party (PSL)	59	20 July 2018	Jair Bolsonaro's candidacy for the Presidency of the Republic
Workers Party (PT)	270	22 July 2018	Afonso Florence's candidacy for the Presidency of the Republic
Social Democratic Party (PSD)	184	1 August 2018	Marco Bertaiolli's candidacy for the Presidency of the Republic

Candidates[]

To be continued...