InfoAnda - Insight: Taking on the toga-wearing bandits in Brazil's courts |

Pakistanis angry over detentions in Times Sq. case
Monday, May 24, 2010
ISLAMABAD – Relatives of three men detained by Pakistan for alleged links to the suspect in the attempted Times Square bombing say the men are innocent.
They

Taiwan denies boycotting Australian film festival
Thursday, August 6, 2009

AFP - Thursday, August 6TAIPEI (AFP) - - Taiwan's Beijing-friendly government on Wednesday denied boycotting an Australian film festival amid a row over the e

Merkel's support dips, regional ally resigns International
Thursday, September 3, 2009

By Sarah Marsh and Noah Barkin

BERLIN (Reuters) - Chancellor Angela Merkel suffered a double blow on Thursday as a senior party ally in east German

Minister seeks closure of anti-Berlusconi websites
Wednesday, December 16, 2009
ROME (AFP) - – The Italian government moved Tuesday to close down Internet sites encouraging further violence against Prime Minister Silvio Berlusconi, who

Asian markets mixed after Wall Street rally
Wednesday, March 18, 2009

By ELAINE KURTENBACH,AP Business Writer AP - Wednesday, March 18SHANGHAI - Asia's stock market rally seemed to be running out of steam Wednesday, despite an

Suicide bomber kills 20 in Afghanistan's southeast | | 28 March 2011
Armed Thai troops patrol Bangkok business district | 19 April 2010
Actress Helen Mirren to receive European film award | | 25 September 2012

Fraud group voids ballots from Afghan election | 11 September 2009

Forum Views () Forum Replies ()

Read more with google mobile : Insight: Taking on the toga-wearing bandits in Brazil's courts |

Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Technology Media Small Business Legal Deals Earnings Social Pulse Business Video The Freeland File Aerospace & Defense Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB World World Home U.S. Brazil China Euro Zone Japan Mexico Russia India Insight World Video Reuters Investigates Decoder Politics Politics Home Election 2012 Campaign Polling Political Punchlines Supreme Court Politics Video Tech Technology Home MediaFile Science Tech Video Tech Tonic Social Pulse Opinion Opinion Home Chrystia Freeland John Lloyd Felix Salmon Jack Shafer David Rohde Bernd Debusmann Nader Mousavizadeh Lucy P. Marcus David Cay Johnston Bethany McLean Anatole Kaletsky Edward Hadas Hugo Dixon Ian Bremmer Lawrence Summers Susan Glasser The Great Debate Steven Brill Jack & Suzy Welch Frederick Kempe Christopher Papagianis Mark Leonard Breakingviews Equities Credit Private Equity M&A Macro & Markets Politics Breakingviews Video Money Money Home Tax Break Lipper Awards 2012 Global Investing MuniLand Unstructured Finance Linda Stern Mark Miller John Wasik James Saft Analyst Research Alerts Watchlist Portfolio Stock Screener Fund Screener Personal Finance Video Money Clip Investing 201 Life Health Sports Arts Faithworld Business Traveler Entertainment Oddly Enough Lifestyle Video Pictures Pictures Home Reuters Photographers Full Focus Video Reuters TV Reuters News Article Comments (0) Slideshow Full Focus Editor's choice Our top photos from the past 24 hours. Full Article Follow Reuters Facebook Twitter RSS YouTube Read Obama to lay out economic vision in high-stakes speech | 4:56pm EDT ECB holds rates as inflation eclipses growth risks 7:49am EDT Wall Street closes at multi-year highs on ECB, data | 5:24pm EDT Analysis: Clinton shows he is Obama's most valuable weapon 2:17am EDT Powerful quake hits Costa Rica, two dead | 05 Sep 2012 Discussed 82 Democrats attack Romney, defend Obama at convention 81 Obama, Democrats to make their case as convention opens 78 At Jackson Hole, a growing fear for Fed’s independence Sponsored Links Pictures Reuters Photojournalism Our day's top images, in-depth photo essays and offbeat slices of life. See the best of Reuters photography. See more | Photo caption Putin vs. the wild A look at Russian President Vladimir Putin, a man of the wilderness. Slideshow Colombia's FARC war Colombia and the rebel group FARC are negotiating in the hopes of ending an almost 50 year long war. Slideshow Insight: Taking on the "toga-wearing bandits" in Brazil's courts Tweet Share this Email Print Related News Federal court blocks Texas voter ID law Thu, Aug 30 2012 Brazil judges uphold Chevron, Transocean operating ban Tue, Aug 28 2012 Analysis & Opinion Hedge funds dodge Morrison in state-court case against Porsche Related Topics World » 1 of 4. Eliana Calmon, Ombudswoman for Brazil's Judicial System, speaks during an interview with Reuters in Brasilia, August 14, 2012. Credit: Reuters/Cadu Gomes By Brian Winter BRASILIA | Thu Sep 6, 2012 2:55pm EDT BRASILIA (Reuters) - Eliana Calmon takes great delight in provoking people. But even she didn't realize at first what a bomb she had dropped. "Look, I use a lot of colorful language, so when I said it, it didn't seem that bad. But then the interview ended," she recalled, starting to chuckle, "and I peered over at my aide, and he looked like he had seen a ghost! ... And that was when the whole storm started." The offending phrase: Calmon, who serves as a kind of ombudswoman for Brazil's judicial system, said her work was being undermined by "bandits who hide behind their togas" -- corrupt judges who, she said, favor special interests and line their pockets with cash while doing as little work as possible. The florid accusation, made in a newspaper interview last year, unleashed a scandal that went all the way to the Supreme Court. The surprising outcome has been an unprecedented wave of transparency and reform in Brazil's courts -- many of which have historically behaved like private fiefdoms, mistrusted by Brazilians and foreign investors alike. The confrontation has turned Calmon, a 67-year-old career judge, grandmother of two and an author of a popular cookbook, into an unlikely cult hero -- with more than 10,000 fans on Facebook and even a float in this year's Carnival parade in her honor. Her rise has shaken a genteel world dominated by gray-haired men who often sprinkle their speech with Latin phrases and elaborate honorifics. With a taste for bright blazers, and a habit of punctuating her criticisms with a pealing laugh, Calmon has described corrupt judges as "vagabonds" and "termites," said Brazil's legal system is "a century behind," and called for a "war" to bring greater accountability to the bench. Despite those who accuse her of being a publicity hound -- or, at worst, a loudmouth who carelessly slanders the entire judicial system -- Calmon says it is her grass-roots support that has given her the authority to press ahead. In recent months, she has forced judges to disclose more data about their finances, curtailed practices that allowed officials to earn unwarranted salary bonuses, and pushed several corrupt officials out of their jobs -- and she's not done yet. Her efforts are part of a larger trend as Brazil becomes more prosperous and its growing middle class demands better institutions. Six ministers in President Dilma Rousseff's government resigned or were fired last year because of corruption charges -- an unprecedented purge. Yet the judiciary was seen as a laggard, the branch of government that had changed least since Brazil's military dictatorship ended in 1985. What Calmon has done "is crucial for Brazilian democracy," says Fernando Henrique Cardoso, who as president from 1995 to 2003 helped consolidate civilian rule. "These judges never had any controls on them before." It all would have been impossible, Calmon says, without that first rhetorical salvo. "When I said 'toga-wearing bandits,' it was to a very tiny newspaper," she said. "But, in today's world, if you say something that is already on people's minds, it explodes like gunpowder. This, I've found out, was something that everybody believed, but couldn't say out loud. It was my role to say it." INEFFICIENT JUDICIAL SYSTEM That's how things look now. But just a few months ago, it looked like Calmon was going to lose -- and lose spectacularly. Two days after making the "toga" comment, Calmon was obliged to sit silently in the same room as Antonio Cezar Peluso, then the head of Brazil's Supreme Court, as he read a statement "vehemently repudiating" her comments for "impugning the honor ... of thousands of honest judges throughout Brazil." Calmon counters that, by focusing public shame on corrupt judges and rooting them out, she was trying to help the "vast majority" of Brazilian magistrates who are honest and hard-working. But on that particular day, she kept her mouth shut. "I knew it wasn't my moment," Calmon says. "And I knew things were going to get worse." Indeed, within weeks, the heat was turned up further -- when the Supreme Court took up a case that sought to effectively neuter Calmon's powers to investigate and censure judges. It wasn't her first clash with the system. Raised in Bahia, a state in the impoverished northeast, Calmon says she studied law because, like many who came of age during the 1960s, she wanted to help address the injustices that made Brazil one of the world's most socially and economically unequal countries. Yet when she became a judge, she was appalled to find one of the most entrenched bastions of Brazil's elite. The legal system, which is based on Napoleonic code and has its roots in the Portuguese colonial era, has traditionally "been impervious to those who try to lift the cloak and force changes," said Pedro Taques, a senator who has championed legal reform. "It's a club," Taques says. "Eliana was daring enough to demand entry, even when many didn't want her." The Constitution of 1988, written shortly after democracy was restored, granted courts near-total autonomy -- a move that was designed to shield them from political interference but in practice made it easier for judges to conceal nepotism, graft and decisions that favored special interests, Calmon says. The slow pace and opaque functioning of the legal system is regularly cited in surveys as one of the biggest obstacles to investing here. In the World Bank's annual Doing Business study, which ranks 183 countries based on their friendliness to investors, Brazil sits near the bottom third in categories including enforcing contracts, starting a business and dealing with construction permits -- all areas where courts play a role. "There's corruption, of course ... but we also have huge areas in the legal system that feed off of dysfunction and inefficiency," Calmon says, citing the Brazilian practice of requiring extensive notarization of documents as one example. "If the justice system worked well, these interests would be decimated. So they do everything possible to create disorder." Calmon's candor has burned a lot of bridges, but it also made her powerful friends -- fellow reformers who helped her ascend through the ranks. She became the first woman to serve on the STJ, a superior federal court. And in 2010, she was appointed to her current role, a senior position on the National Council of Justice (CNJ) -- a special body created six years earlier with new powers to investigate judges. "Throughout my career, I always denounced everything I saw, even when it wasn't politically correct," Calmon said. She started to laugh. "If they had wanted a little mouse for the CNJ, I guess they should have picked somebody else." SHOWDOWN WITH THE SUPREME COURT So, true to form, after the Supreme Court took up the case to limit the CNJ's powers, Calmon doubled down. She took her accusations directly to the public -- alleging, for example, that hundreds of judges had made financial transfers in excess of their income. She also said more than half of judges in São Paulo state had failed to file income tax returns, despite being legally required to do so. Meanwhile, she took direct aim at Peluso, the head of the Supreme Court, implying that he was preventing her from investigating courts in his home state of São Paulo -- where 60 percent of cases in Brazil are heard. "You know when I'll get to inspect São Paulo? It'll be the day that Sergeant Garcia finally catches Zorro," she said, referring to the hapless police officer and elusive masked criminal from the popular 1950s TV show. The public response was overwhelming. Calmon seemed to be on the front pages of newspapers every day. Social media lit up with every new accusation. Finally, she reached possibly the apex of fame and adulation in Brazil -- a Carnival float in Brasilia with a banner that said, roughly translated: "Eliana Calmon, your patron saint is bad-ass!" In February, the Supreme Court ruled on the case, preserving the powers of Calmon and the CNJ. Calmon, who was so nervous during the hearing that she took pills to sleep at night, was shocked. "I have no doubt that public opinion played a role in the decision," she said. Layrce de Lima, a spokeswoman for the Supreme Court, declined requests for comment on whether the CNJ ruling was influenced by public pressure. After emerging victorious from the showdown, Calmon says the floodgates opened up. Prosecutors and legal officials all over the country, especially those under the age of 40, began to contact her with tales of corruption and abuse of power. "The real benefit of the confrontation was the dramatic increase in the number of allegations we received at the CNJ," Calmon says. "People began to believe for the first time that nobody -- not even the powerful -- could stop these cases from being investigated." Based on the information, the CNJ has limited practices such as judges claiming up to three months of vacation a year, or giving themselves and their staff dubious bonuses. Calmon has also begun to limit a common practice in which money for financial awards in legal cases was kept in court-controlled escrow accounts for years -- which in some instances allowed court officials to skim the accrued interest for themselves. Mauro Zaque, a young prosecutor who has investigated corrupt officials in the state of Mato Grosso, used a soccer metaphor to express his admiration. "We've all watched as Eliana kicks the ball with all her strength, and scores many goals ... She has inspired many of us to get out there on the field as well." NEXT GENERATION OF JUDGES Then, in August, a funny thing happened -- Sergeant Garcia finally caught Zorro. Flanked by a dozen colleagues from the CNJ, Calmon walked into the Court of Justice of the State of São Paulo -- an imposing, Depression-era building where the halls are lined with photos of judges, nearly all of them male. "This is extraordinary," she whispered to a colleague. She spent the day in meetings with judges and other legal officials -- some of whom, six months before, had been after her scalp. The conversations took on an air of confession -- complaints ranged from the slow pace of court hearings to judges suspected of padding their payrolls with friends. One lawyer sought advice on how to start a CNJ-like body for São Paulo. "People out there know what's going on now," Calmon solemnly told one group of prosecutors. "If we deny what's happening, that will be the end of all of us. We can only improve if we admit we have faults." Calmon's last day on the CNJ is Friday. But, in a sign of just how far she's come, Calmon was elected this week by her fellow federal judges to head a well-regarded school for young magistrates -- a job that will allow her to shape the next generation of Brazil's judiciary. It is also clear that her role as the moral conscience of Brazil's judicial system has grown beyond her job title. When the Supreme Court began a corruption trial of several powerful officials from the ruling party in August, Calmon said that "all of society" would be watching how the judges ruled. Her warning was in several newspapers the next morning. Even those from the club that previously opposed her say there has been a clear -- and likely lasting -- change. "People were uneasy, of course, about her accusations. But the consequences are irreversible," said Armando Sergio Prado de Toledo, a judge and director of the school of magistrates in São Paulo. "Courts will have to be cautious now, because they know that because of her, everything they do will be monitored by the media, which has society behind them." He smiled. "I think it's marvelous, and long overdue. The truth, is we needed this." (Editing by Todd Benson, Mary Milliken and Bernard Orr) World Tweet this Link this Share this Digg this Email Reprints We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above. Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Connect with Reuters Twitter Facebook LinkedIn RSS Podcast Newsletters Mobile About Privacy Policy Terms of Use AdChoices Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

Other News on Friday, 7 September 2012
Insight: Taking on the toga-wearing bandits in Brazil's courts |
Palestinian PM says willing to resign over economic protests |
Hong Kong goes to polls with many fuming over China influence |
Unrest threatens Bangladesh's key garment export |
Ex-U.S. soldier pleads guilty to smuggling guns to China |
Girl hid under bodies after French Alps shootings |
France 'millionaire' tax to be watered down: report |
Amazon unwraps larger Kindle Fire, takes on Apple |
Nvidia's miss in Kindle Fire surprises some investors |
Plan in place for struggling Infosys, but no quick returns |
Audience says Apple may drop its technology from iPhones, shares slump |
China's Huawei negotiating conditions to join U.S. hearing |
Green Day on for MTV awards after dehydration scare |
Looper, Kristen Stewart in focus as Toronto opens |
Greek tax man targets business, Chili Peppers concert |
Buy James Bond's car, clothes, watch at golden sale |
U.S. congressman confirms high-level U.S.-Israel spat over Iran |
Exclusive: China president-in-waiting signals quicker reform
U.S. cargo ship captain arrested, vessel detained in Venezuela |
Moldova rebel region marks independence with Soviet ritual |
U.S. to blacklist Haqqani network: New York Times |
Christian girl granted bail in Pakistan Islam defamation case |
Japan to boost isle defense capability despite cuts |
Eleven killed in fresh violence over land in Kenya |
Merkel braves Bavaria beer tent to pitch euro message |
Intel to showcase new chips as investors eye stagnant PC sales |
Apple cuts memory chip order to Samsung for new iPhone: source |
Amazon takes on Apple with larger, cheaper Kindle Fires |
Audience Inc says Apple unlikely to use its tech in new iPhones |
HTC eyes sales boost for Windows phones |
Staples to carry new Kindle Fire models as early as this month |
Judge approves U.S. settlement with publishers over e-books |
Actress Kristen Stewart steals limelight as Toronto film fest opens |
UK boy band One Direction big winner at MTV video awards |
Simon Cowell lashes out over Voice, X Factor showdown |
Actors Amy Poehler, Will Arnett separating |
Ben & Jerry's wins order blocking porn copycat DVDs |
Bombardment, blasts rock Syrian capital |
Iraq blasts target Shi'ite mosques, kill eight |
Family feud in focus as French seek clues to Alps slaying |
South African police shot fleeing miners, witness says |
Portugal PM to address nation; more austerity seen |
Hong Kong to vote amid discontent over China influence |
Quakes in southwest China kill dozens, damage 20,000 homes |
Nigeria police protect phone masts after attacks |
Patience and dodgy deals needed to cash in Sudan bourse gains |
Nokia to start selling make-or-break smartphone in November |
Pandora shares plunge on fears of Apple service |
Exclusive: Insiders suspected in Saudi cyber attack |
Best Buy starts pre-sale of new Kindle devices |
Venice film festival rounds off with steamy Passion |
Britain's Proms singing its way to happy finale |
Greece at new risk of being pushed off euro
Bodies of missing Tenn. mom, Jo Ann Bain, and daughter found
Female Breasts Are Bigger Than Ever
AMD Trinity Accelerated Processing Units Now in Volume Production
The Avengers (2012 film), made the second biggest opening- and single-day gross of all-time
AMD to Start Production of piledriver
Ivy Bridge Quad-Core, Four-Thread Desktop CPUs
Islamists Protest Lady Gaga's Concert in Indonesia
Japan Successfully Broadcasts an 8K Signal Over the Air
ECB boosts loans to 1 trillion Euro to stop credit crunch
Egypt : Mohammed Morsi won with 52 percent
What do you call 100,000 Frenchmen with their hands up
AMD Launches AMD Embedded R-Series APU Platform
Fed Should not Ignore Emerging Market Crisis
Fed casts shadow over India, emerging markets
Why are Chinese tourists so rude? A few insights

USD EUR - 1 year graph	VPN on MacOSX	BlogMeter 1.01