The Lava Jato (or “Car Wash”) corruption investigation offers an important case study of the evolution of legal accountability in consolidating democracies. This chapter evaluates the origins of the investigation and the early successes of prosecutors, analyzes why Lava Jato initially succeeded where numerous previous cases had floundered, discusses the causes and likely consequences of the investigation’s declining effectiveness and ultimate neutering, and reflects on what this experience suggests about legal accountability in Brazil and other democracies facing long-festering patterns of elite collusion, corruption and impunity.

Peru’s Lava Jato stretched its tentacles widely and ravaged the political establishment. Grand corruption cases present a series of challenges related to how to secure evidence in information-poor and politically hostile environments. Overcoming these challenges without jeopardizing the integrity of the inquiry is no small feat. The tools that prosecutors rely on generate controversy, as well as tensions between effectiveness and due process that are difficult to resolve. Success therefore calls for clever and skillful prosecutors. The analysis digs deep into the dynamics of Peru’s Lava Jato to discuss the nature of these challenges and how prosecutors dealt with them. Contingent choices often determined whether enough evidence came to light, thus widening the window for ambitious investigative efforts. The chapter further looks at the backlash that ensued, how this conditioned prosecutorial efforts, and why investigators were able to mitigate its impact. One interesting feature of Peru’s Lava Jato is that prosecutors not only had to deal with an obstructionist political class, but also with networks of judicial clientelism commanded by senior officials. The chapter traces how rank-and-file prosecutors negotiated such bureaucratic pathologies to protect the inquiry, and discusses the likely impact of these struggles on the future of the case.

Lava Jato (Car Wash) was one of the largest corruption trials in the world. The Lava Jato taskforce launched a battle against powerful political actors using legal tools creatively and sought to garner public support by resorting to the media. The chapter examines three examples that illustrate these two strategies and unpacks their legal dimensions. It focuses on three decisions by Sergio Moro, Lava Jato’s most prominent judge: ordering the police to bring former president and 2018 presidential candidate Lula Da Silva in for questioning without a previous request, disclosing a recorded conversation obtained during an investigation against Lula, and making public a plea bargain agreement that incriminated Lula. The chapter outlines the political impact of Moro’s actions and examines them in light of current Brazilian legislation on transparency and accountability for judges’ behaviour. It finds that while transparency is a principle that informs criminal trials in Brazil, Moro pushed the existing rules to their limits to gain public support. At the same time, he attempted to influence public opinion by taking advantage of the discretion the Brazilian inquisitorial criminal system provides judges. The chapter also analyses the limitations of Brazilian legislation to prevent this kind of behaviour and points to the challenges of reforming it. It concludes that while courts’ mobilization of the media and creative use of legal tools may increase anti-corruption accountability, the costs of this strategy outweigh its benefits.

This chapter investigates affinities between Bolsonarismo (the discourse of groups supporting Jair Bolsonaro’s government and ideas) and Lavajatismo (the discourse of groups supporting the Lava Jato investigation) both online and offline from 2015 to 2019. The analysis shows the links between the denial of rights, the push for accountability through the courts, and the far right, combining two original data sources. First, semi-structured interviews were conducted with members of the so-called verde e amarelos (“green and yellow”) during mass anti-corruption demonstrations in 2015 and 2017. Participants at these rallies were characterized by the use of the Brazilian yellow jersey as a symbol of nationalism, “anti-communism,” and anti-corruption. Second, the results are presented of a lexical analysis of 13,800 posts on Facebook pages supporting Lava Jato, between April 2016 to February 2019. This period included former President Dilma Rousseff’s impeachment, former President Luiz Inácio “Lula” Da Silva’s imprisonment, and Jair Bolsonaro’s rise to power.