Paulo Maluf
Encyclopedia
Paulo Salim Maluf (ˈpawlu saˈlĩ maˈluf; born September 3, 1931 in São Paulo) is a Brazilian politician with a career spanning over four decades and many functions, including those of State Governor of São Paulo
, Mayor of the City of São Paulo
, Congressman
and Presidential candidate
. As of 2011, Maluf is on a second consecutive term as Federal Deputy
. His political base is founded on populism
, conservatism
and the provision of major public works.
His career has been plagued with substantial allegations of corruption
. He was convicted on one charge in 2001 by the Brazilian courts, and is currently wanted for fraud conspiracy and theft
by the Interpol
. He is the president of the local branch, in the state of São Paulo, of the right-wing Progressive Party of Brazil (PP), heir to the old National Renewal Alliance Party
(ARENA).
, the son of Lebanese
Christian immigrants Salim Farah Maluf and Maria Stephan Maluf, was born in São Paulo
, and graduated 1954 in engineering at the University of São Paulo
(USP), where coincidentally he was a colleague of the late Mário Covas
, another important Brazilian politician who would later become one of his biggest political rivals.
At the time a self-acknowledged playboy with a taste for fast-racing sportscars, Maluf entered professional politics thanks to his family's friendship with the then military president
Artur da Costa e Silva
, with whom he shared a common interest in Horse racing
bets. Banking on this friendship, he was to be appointed mayor of São Paulo
in 1969, replacing the very popular Faria Lima
. In a manner very similar to New York
’s Robert Moses
, he suspended the construction of the São Paulo Metro
and built one of the most controversial constructions of Brazil: Costa e Silva elevated expressway
, also known as Minhocão (“Big Earthworm
” in Portuguese
). This expressway is seen as responsible for the degradation of a great area of São Paulo´s downtown by placing a high-traffic elevated road in the middle of a residential area and is considered as the hallmark of the military dictatorship's – and Maluf's – authoritarian, road enhancement and private-car-friendly urban policies in São Paulo – its building being made possible only by the impossibility of a public reaction to it on the surrounding community's side.
in 1978.
During his ensuing term (1979–1983), Maluf used his position for advertising his prospective candidacy to the Presidency in the forthcoming 1985 indirect elections, by means mostly of schemes such as donation of ambulances to impoverished municipalities in Northeastern Brazil, as well as decorating influential people with the State's chief decoration – having them flown to São Paulo free of charge and lodged in luxury hotels before the official decoration ceremony. He also spent wildly in public works, including in some schemes of doubtful validity, such as in an eventually failed plan to move the state's capital city. It was because of such schemes that one of the most notable accusations of corruption against him emerged, concerning the oil company Paulipetro. This was a state company founded by Maluf during his tenure as governor with the purpose of digging the state for oil
and which consumed around US$500 million whilst drilling 21 holes and finding nothing but a few pockets of natural gas
and water.By then, Maluf had already fostered a reputation "for engaging in corrupt machine politics".
In 1982, he was elected federal deputy with a record 672 629 votes in 1982 and was the military's preferred presidential candidate for the 1985 presidential elections- the last to be held by means of an Electoral College – where he stood a good chance of winning. His overweening strategy, however, stranged him from most of the party bosses – the civilian caucus which had provided political support to the military dictatorship in the last twenty years. That caused his PDS party (as the current PP was known at the time) to splinter into the PFL, a move that made good the mutual alienation between the ruling military scheme and its civilian base, something which resulted in the election of oppositional candidate Tancredo Neves
.
, despite his participation in nearly every gubernatorial and mayoral election for São Paulo state
and São Paulo city
, with the exception of 1989 when he was a presidential candidate in the first direct presidential elections since 1960 – in what was a disastrous campaign, remembered in Brazilian political lore only because of Maluf's "antic", said at a speech made to Medical Faculty students in Belo Horizonte
: declaring himself favourable to capital punishment
in cases of rape followed by murder, he said jokingly that "if one has sexual urges, that's okay; rape, but do not kill!" (estupra mas não mata). Nevertheless, Maluf remained a regional political force in São Paulo, the election of Celso Pitta
as São Paulo city
mayor being directly attributed to his endorsement.
Tha fact that Maluf was able to forge himself a successful career in post-dictatorship Brazil, despite his perennial reputation for shady deals and an unsavory personality, pointing directly to his former connections to the authoritarian régime has led various scholars to try to explain his political resilience. To some, this resilience is of an ideological nature: having his career nurtured in a right-wing military dictatorship, Maluf came to stand for a kind of reactionary activism, specially strong among small businesspeople and the self-employed, whose hallmark consisted "in the refusal to admit the social character of social problems", proposing instead a heavy-handed approach to them. In the words of the philosopher Marilena Chaui
, writing in the mid-1980s, malufismo stood for the privatization of political power: "a fringe form of the [military] dictatorship as it turned from raw force into mob rule".
tunnel, which passes underneath Ibirapuera Park and cost more, per kilometer, than the Channel Tunnel
(it is alleged that the tunnel cost over US$400 million more than it should). Under dispute is Maluf's personal wealth, which critics attribute to his involvement in corruption scandals; supporters, conversely, point to a legitimate origin of such wealth in his family's companies – namely the mamoooth plywood
trust Eucatex.
Maluf was also part of an extensive investigation, by a Parliamentary Inquiry Committee set up in 2003, regarding money laundering
involving bank accounts held by him and his family in Jersey
(one of the Channel Islands
). He has been convicted of corruption multiple times, but only in 2001 was the sentence final, with no possibility of appeal. At the time, he was forced to pay approximately R$500.000 to the state. Many of his alleged crimes cannot be prosecuted, due to the nature of the Brazilian statute of limitations
. Even if he were to be convicted, there would be serious questions about whether he would serve jail time, as he is over 70 years of age.
In early September 2005, Paulo Maluf and his son Flávio Maluf were temporarily arrested by the Brazilian Federal police, under the charge of intimidating witnesses of an ongoing investigation. They were only incarcerated for a few weeks.
So notorious is Maluf's reputation that in Brazil the verb malufar was created, meaning "to steal public money". This verb is also sometimes used outside Brazil, with one example being the French newspaper "Le Monde". http://www.lemonde.fr/web/article/0,1-0,36-688092,0.html
In the 2006 elections, Maluf ran for a seat in the Brazilian Chamber of Deputies
, being elected as the candidate for the federal legislature with the greatest number of ballots cast personally for him.
On March 9, 2007, Robert M. Morgenthau
of the Manhattan's District Attorney's office issued an indictment against Paulo Maluf for Money Laundering in relation to a kickback & inflated invoice scheme that allegedly stole $11.6m from a Brazilian road contract project totalling $140 million.
In March 2010, Paulo and Flávio Maluf were included in the Red notice
of Interpol
, being subject to extradition
in 181 countries. Nevertheless, this arrest warrant
is not valid in Brazil because the Brazilian Constitution
does not allow for the extradition of Brazilian citizens.
As recent legislation (Complementary Law 135/2010, commonly known as Lei Ficha Limpa or "Clean Record Act") allows electoral courts to refuse to register the candidacies of people already found guilty by a higher, collegiate court (possibility of further appeals notwithstanding), doubts were raised concerning Maluf's ability to run for re-election in his seat in the Federal Legislature in the 2010 elections; his lawyers, however, insisted that the right of appeal would give him the right to have his candidacy registered.
As the Brazilian STF decided in March 2011 that the "Clean Record Act" didn't apply to the 2010 elections, according to the principle of anteriority (no offence being punished when defined by a non-previously existing law, and a Brazilian electoral law must be in force at least a year before the election is held), all charges against Maluf's registration were eventually dropped.
São Paulo (state)
São Paulo is a state in Brazil. It is the major industrial and economic powerhouse of the Brazilian economy. Named after Saint Paul, São Paulo has the largest population, industrial complex, and economic production in the country. It is the richest state in Brazil...
, Mayor of the City of São Paulo
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...
, Congressman
National Congress of Brazil
The National Congress of Brazil is the legislative body of Brazil's federal government.Unlike regional legislative bodies – Legislative Assemblies and City Councils -, the Congress is bicameral, composed of the Federal Senate and the Chamber of Deputies .The Senate represents the 26 states and...
and Presidential candidate
President of Brazil
The president of Brazil is both the head of state and head of government of the Federative Republic of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces...
. As of 2011, Maluf is on a second consecutive term as Federal Deputy
Chamber of Deputies of Brazil
The Chamber of Deputies of Brazil is a federal legislative body and the lower house of the National Congress of Brazil. As of 2006, the chamber comprises 513 deputies, who are elected by proportional representation to serve four-year terms...
. His political base is founded on populism
Populism
Populism can be defined as an ideology, political philosophy, or type of discourse. Generally, a common theme compares "the people" against "the elite", and urges social and political system changes. It can also be defined as a rhetorical style employed by members of various political or social...
, conservatism
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
and the provision of major public works.
His career has been plagued with substantial allegations of corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
. He was convicted on one charge in 2001 by the Brazilian courts, and is currently wanted for fraud conspiracy and theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
by the Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
. He is the president of the local branch, in the state of São Paulo, of the right-wing Progressive Party of Brazil (PP), heir to the old National Renewal Alliance Party
National Renewal Alliance Party
The National Renewal Alliance Party or Aliança Renovadora Nacional was a conservative political party that existed in Brazil between 1966 and 1985...
(ARENA).
Early life
Paulo Salim MalufMaalouf
Maalouf is the surname of one family that encompasses over 250,000 sons and daughters who share one single ancestor and a detailed family tree for nearly five centuries.-Origins:The Maalouf family belongs to the group of tribes known as Ghassanids that emigrated from Yemen to Houran...
, the son of Lebanese
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
Christian immigrants Salim Farah Maluf and Maria Stephan Maluf, was born in São Paulo
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...
, and graduated 1954 in engineering at the University of São Paulo
University of São Paulo
Universidade de São Paulo is a public university in the Brazilian state of São Paulo. It is the largest Brazilian university and one of the country's most prestigious...
(USP), where coincidentally he was a colleague of the late Mário Covas
Mário Covas
Mário Covas Júnior was a Brazilian politician.Covas studied engineering at the Polytechnic School of the University of São Paulo. He entered politics in his native city of Santos, in the state of São Paulo....
, another important Brazilian politician who would later become one of his biggest political rivals.
At the time a self-acknowledged playboy with a taste for fast-racing sportscars, Maluf entered professional politics thanks to his family's friendship with the then military president
Military dictatorship
A military dictatorship is a form of government where in the political power resides with the military. It is similar but not identical to a stratocracy, a state ruled directly by the military....
Artur da Costa e Silva
Artur da Costa e Silva
Artur da Costa e Silva was a Brazilian Army General, the second President of Brazil during the military regime set up by the 1964 coup d'état; he was born only a month before the coup that overthrow Dom Pedro II. He was married to Iolanda Barbosa Costa e Silva, the daughter of a soldier...
, with whom he shared a common interest in Horse racing
Horse racing
Horse racing is an equestrian sport that has a long history. Archaeological records indicate that horse racing occurred in ancient Babylon, Syria, and Egypt. Both chariot and mounted horse racing were events in the ancient Greek Olympics by 648 BC...
bets. Banking on this friendship, he was to be appointed mayor of São Paulo
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...
in 1969, replacing the very popular Faria Lima
José Vicente Faria Lima
José Vicente de Faria Lima was a Brazilian military engineer and later politician.-Biography:Lima was born in Rio de Janeiro....
. In a manner very similar to New York
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
’s Robert Moses
Robert Moses
Robert Moses was the "master builder" of mid-20th century New York City, Long Island, Rockland County, and Westchester County, New York. As the shaper of a modern city, he is sometimes compared to Baron Haussmann of Second Empire Paris, and is one of the most polarizing figures in the history of...
, he suspended the construction of the São Paulo Metro
São Paulo Metro
The São Paulo Metro is the principal rapid-transit system in the city of São Paulo and the largest in Brazil. It is also the second largest system in South America and the third largest in Latin America, behind Mexico City and Santiago....
and built one of the most controversial constructions of Brazil: Costa e Silva elevated expressway
Controlled-access highway
A controlled-access highway is a highway designed exclusively for high-speed vehicular traffic, with all traffic flow and ingress/egress regulated...
, also known as Minhocão (“Big Earthworm
Earthworm
Earthworm is the common name for the largest members of Oligochaeta in the phylum Annelida. In classical systems they were placed in the order Opisthopora, on the basis of the male pores opening posterior to the female pores, even though the internal male segments are anterior to the female...
” in Portuguese
Portuguese language
Portuguese is a Romance language that arose in the medieval Kingdom of Galicia, nowadays Galicia and Northern Portugal. The southern part of the Kingdom of Galicia became independent as the County of Portugal in 1095...
). This expressway is seen as responsible for the degradation of a great area of São Paulo´s downtown by placing a high-traffic elevated road in the middle of a residential area and is considered as the hallmark of the military dictatorship's – and Maluf's – authoritarian, road enhancement and private-car-friendly urban policies in São Paulo – its building being made possible only by the impossibility of a public reaction to it on the surrounding community's side.
Contender for the Presidency
In 1972, following his mayorship, he served as secretary of transport of the state of São Paulo. He would then dispute a convention of the dictatorship's ruling party, ARENA – which was supposed to be a rubber-stamping caucus aimed at choosing as official "candidate" to the state government the former governor Laudo Natel. Maluf, however, succeed in being appointed official candidate for the following indirect elections by the State Legislative – something he did by means of abundant personal (and generous) promises to the convention's members – being afterwards elected governor for the state of São PauloSão Paulo (state)
São Paulo is a state in Brazil. It is the major industrial and economic powerhouse of the Brazilian economy. Named after Saint Paul, São Paulo has the largest population, industrial complex, and economic production in the country. It is the richest state in Brazil...
in 1978.
During his ensuing term (1979–1983), Maluf used his position for advertising his prospective candidacy to the Presidency in the forthcoming 1985 indirect elections, by means mostly of schemes such as donation of ambulances to impoverished municipalities in Northeastern Brazil, as well as decorating influential people with the State's chief decoration – having them flown to São Paulo free of charge and lodged in luxury hotels before the official decoration ceremony. He also spent wildly in public works, including in some schemes of doubtful validity, such as in an eventually failed plan to move the state's capital city. It was because of such schemes that one of the most notable accusations of corruption against him emerged, concerning the oil company Paulipetro. This was a state company founded by Maluf during his tenure as governor with the purpose of digging the state for oil
Petroleum
Petroleum or crude oil is a naturally occurring, flammable liquid consisting of a complex mixture of hydrocarbons of various molecular weights and other liquid organic compounds, that are found in geologic formations beneath the Earth's surface. Petroleum is recovered mostly through oil drilling...
and which consumed around US$500 million whilst drilling 21 holes and finding nothing but a few pockets of natural gas
Natural gas
Natural gas is a naturally occurring gas mixture consisting primarily of methane, typically with 0–20% higher hydrocarbons . It is found associated with other hydrocarbon fuel, in coal beds, as methane clathrates, and is an important fuel source and a major feedstock for fertilizers.Most natural...
and water.By then, Maluf had already fostered a reputation "for engaging in corrupt machine politics".
In 1982, he was elected federal deputy with a record 672 629 votes in 1982 and was the military's preferred presidential candidate for the 1985 presidential elections- the last to be held by means of an Electoral College – where he stood a good chance of winning. His overweening strategy, however, stranged him from most of the party bosses – the civilian caucus which had provided political support to the military dictatorship in the last twenty years. That caused his PDS party (as the current PP was known at the time) to splinter into the PFL, a move that made good the mutual alienation between the ruling military scheme and its civilian base, something which resulted in the election of oppositional candidate Tancredo Neves
Tancredo Neves
Tancredo de Almeida Neves, SFO more commonly Tancredo Neves was a Brazilian politician. He was born in São João del Rey, in the state of Minas Gerais, of mostly Portuguese, but also Austrian descent and graduated in law. The Neves family name comes from an Azorean great great grandfather...
.
Post-dictatorship career and political resilience
Since then, Maluf only managed to get himself elected to the Executive once, in 1992, again as mayor of São PauloSão Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...
, despite his participation in nearly every gubernatorial and mayoral election for São Paulo state
São Paulo (state)
São Paulo is a state in Brazil. It is the major industrial and economic powerhouse of the Brazilian economy. Named after Saint Paul, São Paulo has the largest population, industrial complex, and economic production in the country. It is the richest state in Brazil...
and São Paulo city
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...
, with the exception of 1989 when he was a presidential candidate in the first direct presidential elections since 1960 – in what was a disastrous campaign, remembered in Brazilian political lore only because of Maluf's "antic", said at a speech made to Medical Faculty students in Belo Horizonte
Belo Horizonte
Belo Horizonte is the capital of and largest city in the state of Minas Gerais, located in the southeastern region of Brazil. It is the third largest metropolitan area in the country...
: declaring himself favourable to capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in cases of rape followed by murder, he said jokingly that "if one has sexual urges, that's okay; rape, but do not kill!" (estupra mas não mata). Nevertheless, Maluf remained a regional political force in São Paulo, the election of Celso Pitta
Celso Pitta
Celso Roberto Pitta do Nascimento was a Brazilian economist and politician. He is a Bachelor in Economics by Fluminense Federal University, master in Economics by University of Leeds and specialist in Advanced Administration by Harvard University.-Mayor:...
as São Paulo city
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...
mayor being directly attributed to his endorsement.
Tha fact that Maluf was able to forge himself a successful career in post-dictatorship Brazil, despite his perennial reputation for shady deals and an unsavory personality, pointing directly to his former connections to the authoritarian régime has led various scholars to try to explain his political resilience. To some, this resilience is of an ideological nature: having his career nurtured in a right-wing military dictatorship, Maluf came to stand for a kind of reactionary activism, specially strong among small businesspeople and the self-employed, whose hallmark consisted "in the refusal to admit the social character of social problems", proposing instead a heavy-handed approach to them. In the words of the philosopher Marilena Chaui
Marilena Chauí
Marilena de Souza Chaui is a Brazilian philosopher. She has been teaching political and modern philosophy in the Department of Philosophy of the University of São Paulo since 1967, when she presented her dissertation on Merleau-Ponty...
, writing in the mid-1980s, malufismo stood for the privatization of political power: "a fringe form of the [military] dictatorship as it turned from raw force into mob rule".
Later life and scandal mongering
However, one of the consequences of Pitta's disastrous administration in São Paulo, was that it left the São Paulo municipality mired in debt, as such drawing attention to Maluf's and his former protegé's management practices: in the words of a Brazilian professor at the end of Pitta's term, "Sao Paulo's corruption has been transformed into a public horror from the whispered-about horror it always was". That called eventually for judicial scrutiny of Maluf's policies, specially his public works, his relentless extension of "the city's [São Paulo's] unmitigating concrete sprawl". One notable example of the allegations of corruption that surfaced around Maluf was the Ayrton SennaAyrton Senna
Ayrton Senna da Silva was a Brazilian racing driver. A three-time Formula One world champion, he is widely regarded as one of the greatest F1 drivers of all time...
tunnel, which passes underneath Ibirapuera Park and cost more, per kilometer, than the Channel Tunnel
Channel Tunnel
The Channel Tunnel is a undersea rail tunnel linking Folkestone, Kent in the United Kingdom with Coquelles, Pas-de-Calais near Calais in northern France beneath the English Channel at the Strait of Dover. At its lowest point, it is deep...
(it is alleged that the tunnel cost over US$400 million more than it should). Under dispute is Maluf's personal wealth, which critics attribute to his involvement in corruption scandals; supporters, conversely, point to a legitimate origin of such wealth in his family's companies – namely the mamoooth plywood
Plywood
Plywood is a type of manufactured timber made from thin sheets of wood veneer. It is one of the most widely used wood products. It is flexible, inexpensive, workable, re-usable, and can usually be locally manufactured...
trust Eucatex.
Maluf was also part of an extensive investigation, by a Parliamentary Inquiry Committee set up in 2003, regarding money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
involving bank accounts held by him and his family in Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
(one of the Channel Islands
Channel Islands
The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
). He has been convicted of corruption multiple times, but only in 2001 was the sentence final, with no possibility of appeal. At the time, he was forced to pay approximately R$500.000 to the state. Many of his alleged crimes cannot be prosecuted, due to the nature of the Brazilian statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
. Even if he were to be convicted, there would be serious questions about whether he would serve jail time, as he is over 70 years of age.
In early September 2005, Paulo Maluf and his son Flávio Maluf were temporarily arrested by the Brazilian Federal police, under the charge of intimidating witnesses of an ongoing investigation. They were only incarcerated for a few weeks.
So notorious is Maluf's reputation that in Brazil the verb malufar was created, meaning "to steal public money". This verb is also sometimes used outside Brazil, with one example being the French newspaper "Le Monde". http://www.lemonde.fr/web/article/0,1-0,36-688092,0.html
In the 2006 elections, Maluf ran for a seat in the Brazilian Chamber of Deputies
Chamber of Deputies of Brazil
The Chamber of Deputies of Brazil is a federal legislative body and the lower house of the National Congress of Brazil. As of 2006, the chamber comprises 513 deputies, who are elected by proportional representation to serve four-year terms...
, being elected as the candidate for the federal legislature with the greatest number of ballots cast personally for him.
On March 9, 2007, Robert M. Morgenthau
Robert M. Morgenthau
Robert Morris Morgenthau is an American lawyer. From 1975 until his retirement in 2009, he was the District Attorney for New York County, the borough of Manhattan.-Early life:...
of the Manhattan's District Attorney's office issued an indictment against Paulo Maluf for Money Laundering in relation to a kickback & inflated invoice scheme that allegedly stole $11.6m from a Brazilian road contract project totalling $140 million.
In March 2010, Paulo and Flávio Maluf were included in the Red notice
Interpol notice
An Interpol notice or international notice is issued by Interpol to share information between its members. There are seven types, six of which are known by their colour codes: Red, Blue, Green, Yellow, Black, Orange....
of Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
, being subject to extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
in 181 countries. Nevertheless, this arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
is not valid in Brazil because the Brazilian Constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
does not allow for the extradition of Brazilian citizens.
As recent legislation (Complementary Law 135/2010, commonly known as Lei Ficha Limpa or "Clean Record Act") allows electoral courts to refuse to register the candidacies of people already found guilty by a higher, collegiate court (possibility of further appeals notwithstanding), doubts were raised concerning Maluf's ability to run for re-election in his seat in the Federal Legislature in the 2010 elections; his lawyers, however, insisted that the right of appeal would give him the right to have his candidacy registered.
As the Brazilian STF decided in March 2011 that the "Clean Record Act" didn't apply to the 2010 elections, according to the principle of anteriority (no offence being punished when defined by a non-previously existing law, and a Brazilian electoral law must be in force at least a year before the election is held), all charges against Maluf's registration were eventually dropped.