The arrival of the President of Argentina, Javier Milei, to the Conservative Political Action Conference (CPAC), held this weekend in Camboriú (SC), is yet another point of friction with Luiz Inácio Lula da Silva, President of Brazil. In GloboNewsjournalist Daniela Lima said that Milei’s presence could generate diplomatic problems, such as the creation of a parallel relationship between Lula and Argentina’s left-aligned governors.
According to Daniela Lima, sources told her that if Milei attacked the Brazilian president to the extent she is doing so on social media, there would be “diplomatic consequences.”
Among the consequences mentioned by Lima are the withdrawal “of the Argentine ambassador from our country in order to make a clear sign of retaliation” and the work of the Planalto Palace that would be focused “on a strategy of creating parallel relations with the governors of Argentina”.
The announcement was made before Milei came to Brazil to participate, alongside Jair Bolsonaro, in CPAC.
The Argentine head of state also reportedly withdrew from the Mercosur Summit in order to avoid meeting with Lula, with whom he exchanged criticisms last week. However, presidential spokesman Manuel Adorni confirmed in a press conference that the cancellation was due to “agenda issues.” The decision was made after the conflict with Lula, whom he called “corrupt” and “communist” in response to the PT member’s demand for an “apology.”
At CPAC, Milei avoided criticizing Lula, but did not spare socialist governments, such as the dictatorship of Nicolás Maduro, and said that Bolsonaro is a “judicial persecuted person.” Whether this will be enough to generate retaliation from the Lula government is still uncertain. But if Lula tries to bypass Milei and negotiate directly with the governors, he will encounter serious difficulties, starting with the Argentine Constitution.
What does Argentine law say?
Although the withdrawal of the Argentine ambassador from Brazil is contemplated by the laws of both countries, the parallel relationship between the Head of State and Argentine governors encounters a series of limitations within the Argentine Constitution.
In its article 1, it is established that “the Argentine nation adopts the federal republican representative form of government, as established in this Constitution”.
This means that the people not only elect their representatives through voting and that there is a division, control and balance between the Legislative Branch, the Executive Branch and the Judiciary Branch; it also indicates that as a federal country, there is a coexistence of two types of governments, the provincial governments and the federal government. This system allows control and cooperation between the two.
According to Article 121 of the Magna Carta, “the provinces retain all powers not delegated by this Constitution to the federal government, and those that they have expressly reserved by special agreements at the time of their incorporation”. However, these powers do not include establishing international treaties bypassing the National State.
Although governors can generate certain types of international agreements, according to article 124, these cannot be “incompatible with the foreign policy of the Nation” and cannot “affect the powers delegated to the federal government or the public credit of the Nation; with the knowledge of the National Congress”.
In turn, Lula would have a hard time establishing a link with the representatives of the Argentine provinces who have already committed to the President to sign the May Pact, an agreement proposed by Milei to the governors of the 23 Argentine provinces and the Head of Government of the Autonomous City of Buenos Aires, in order to perpetuate a consensus between both parties for the freedom of the Argentines.
The Pact was announced by the Head of State on March 1, 2024, during the opening of the 142nd regular session of Congress and was signed this Monday (9), the day on which Argentina’s Independence Day is celebrated. The document consists of ten points that cover the economy, education and foreign relations.
Arm wrestling
“The things I said are true. What’s the problem? That I called him corrupt? And he wasn’t arrested for being corrupt? And that I called him a communist? And he’s not a communist? Since when do you have to apologize for telling the truth? Or are we so tired of political correctness that nothing can be said to the left, even if it’s true?”, said the Argentine president, in a live interview two weeks ago.
Milei’s statements refer to previous statements by Lula, who explained in a conversation with journalists why he did not exchange words with the liberal-libertarian during the G7 meeting in Italy: “I did not speak to the president of Argentina because I think he should apologize to Brazil and to me. He said a lot of nonsense. I just want him to apologize. I love Argentina, it is a country that I like a lot, it is a very important country for Brazil, and Brazil is very important for Argentina. It is not a president of the Republic who is going to create discord between Brazil and Argentina.”
One of Milei’s first statements about the PT member occurred in October 2022, during an interview with the Argentine channel TN when she criticized the Juntos pela Mudança party for having congratulated Lula on his electoral victory. “I congratulated Bolsonaro on the excellent election he had and I’m clearly not going to congratulate Lula (…). Lula represents one of the greatest exponents of the São Paulo Forum. When they say that Lula is moderate, they don’t understand what’s going on. His speech is violently socialist and I’m very sorry that the Brazilian people have fallen back into 21st century socialism.”
During the election campaign, the Argentine head of state accused Lula of having financed a dirty campaign against him. At the time, the Brazilian leader also sent a group of marketing experts to help the opposition candidate, Sérgio Massa. “Bolsonaro’s people have warned that Lula is making maneuvers to finance this negative campaign against me,” he told Peruvian writer Jaime Bayly.
Milei also called Lula “a communist,” saying he was “very corrupt” and that “that’s why he was arrested.” He emphasized that if he were president, he would not meet with the Brazilian leader. “Individuals can conduct business transactions with whomever they want. From my position as head of state, my allies are Israel, the United States and the free world.”
In an interview with American journalist Tucker Carlson, the economist stated that he is “a defender of freedom, peace and democracy. Communists don’t go there. The Chinese don’t go there. Putin doesn’t go there. Lula doesn’t go there. In other words, we want to be the moral beacon of the continent, we want to be the defenders of freedom, democracy, diversity and peace. The State will not promote any type of action with communists or socialists. If Argentines want to negotiate with China, Russia or Brazil, that is their problem.”
Since taking office, Milei has invited Bolsonaro to her inauguration with the treatment of a head of state. Although she also sent a formal invitation to Lula, the PT member declined it due to the Argentine leader’s previous statements about him.
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