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Letter of democratic resistance in Brazil

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LETTER OF DEMOCRATIC RESISTANCE IN BRAZIL Democracy is the regime of freedom. Shortly after the 1964 military coup, under the arbitrary arrests, torture, enforced disappearances and summary executions of the early "years of lead", Professor José Rodrigues Vieira Neto, Professor of Civil Law at the Federal University of Paraná (UFPR), prevented by the military to deliver his speech as patron of his class, did so in a private ceremony at his residence. In that speech he extolled the graduates about the need for "The Four Freedoms" to be conquered and secured, defined as follows: i. The freedom to say, the right to free speech and expression; ii. The freedom to believe: the freedom of conscience of each one to celebrate the beliefs and convictions in their own way; iii. Freedom from fear: to be free from fear; iv. The freedom to have security: securing rights in the political, economic and social spheres. Almost 25 (twenty five) years after the promulgation of the Constitution of the Federative Republic of Brazil, which symbolized the break with the dictatorship imposed by the 1964 coup d'état, it is easy to see the damage to freedom and permanence of authoritarianism in social relations, kept alive by those wishing to domesticate the emancipatory flags that arose in the latest episode of the popular struggle of our democratic history. As we know, the current protests emerged initially as a demand for the reduction of the value of public transportation tickets. Afterwards, the claims have adopted broader guidelines, such as the improvement of essential public services and the elimination of public funding for stadium construction aimed at the the realization of a private event by multinational Fifa, plus the generic claim for administrative morality. They are also legitimate demonstrations coming from thr direct sovereign power of the people, the exercise of which, except for cases of self-defense, does not accept any form of violent reaction on the part of public officials. With each passing day, however is notorious the perversion of the mobilization for the promotion of private and corporatist interests duly embraced by the media and ideological apparatuses, for that reason uncritically welcomed by various sectors of society, especially the most privileged. Among other deformities, there is the elimination or restriction of participation of people affiliated or linked to political parties, trade unions or social and student movements, under the pretext of a nonpartisan and homogeneous manifestation. Ideological pasteurization, however apparently naive, has forced the exclusion of definite social groups, as well as the exaltation of the prospect of a coup, with the abolition of elections and the closing of the Congress itself, thus reproducing the same agenda of the fascist ideology that has already taken hold of the country and, therefore, should be strongly and solemnly repudiated. Likewise, while the demonstrations spread across the country and took hold of the news and headlines, the punitive power, covered up by the lack of media space for other information and even with its connivance, exercised its even more authoritarian and perverse instruments on poor people. Given the political goal of "war on drugs", it invaded homes without a judge warrant, arrested or executed suspects and imposed terror. And unlike the treatment given to the protesters, the police, in this case, does not use less lethal ammunition, but real bullets, to expressly implement the brutal means of trampling the rights of the person. It is important to assert that the improvement of democracy is done with the care of all the achievements already consolidated in the legal system and their expansion, and not by new constituent processes, which can degenerate into resurgence of authoritarian power. It should also be remembered that the convening of a constituent should only be promoted by the People itself and not by the isolated act of the Congress or the president, and the proposal submitted to the control of a constitutional court to ensure the preservation of fundamental rights and the entrenched clauses, in defense of the person. Thus, given the increasing social mobilization and for the purpose of promoting the politicization of the debate in a libertarian and democratic perspective, without solutions involving institutional retreat and the loss of guarantees already built into the democratic rule of law, we, jurists (teachers, lawyers, judges , prosecutors, public defenders and police officers), present to the Brazilian community our claims, as follows: 1. 10% of national GDP allocated to education; 2. 10% of national GDP allocated to health; 3. Reaffirmation of democracy, with free elections for all elective positions and security of tenure and term of office for those elected; 4. Sealing reelection at all levels (president, governor, mayor, senator, congressman, alderman) to ensure the rotation of power; 5. Mandate for judges of all courts, set in 8 years, equal to the senators; 6. Expansion of habeas corpus against judicial acts without the restriction imposed by the courts; 7. Submission of full public offices and authorities to the American Convention on Human Rights and other international conventions that protect the rights of the person; 8. Use of criminal sanctioning power restricted to cases both severe and unsusceptible to the composition by other means and radical elimination of the current "war on drugs". 9. Creation of community councils, with members elected in their respective districts, within the municipality, for solving interpersonal conflicts without interference from the police apparatus; 10. Restriction of a demilitarized police activities, to the support of the needs of the population and individuals and, in extreme cases, in defense of their safety, with reduced use of coercion or violence; 11. Care for and strict adherence to the entrenched clauses of the Constitution; 12. The guarantee of the right to vote of the condemned, even by final judgment, as well as the indigenous people of all ethnic groups, regardless of their degree of acculturation; 13. Extension of the capacity of pleading to all citizens in relation to the complaint of unconstitutionality of any law or normative act, or violation of human rights before the Supreme Court, through the establishment of a constitutional tort; 14. Strict regulation of the criminal investigation, regardless of the will or the convenience of the researcher, in order to safeguard the fundamental rights of the person and avoid the concentration of power by prosecutors or by the judicial police, under the control of warranty judgement; 15. Prioritization and streamlining the service to citizens in all government agencies and bodies, including hospitals, health centers, schools, kindergartens, universities, social welfare, revenue, police, regulatory agencies, airports, railway and bus stations, offices, departments, courts and tribunals; 16. Immediate implementation of a plan for the improvement of public transportation, urban, intercity and interstate, as well as public services in general, especially those intended for sanitation, health and housing; 17. Reform of public education to adjust it to modern scientific conceptions, through the immediate improvement of schools and universities, the expansion of the teaching staff and decent adjustment of their salaries; 18. Immediate review of the concession and permission of essential services, putting on display its terms, conditions and prices; 19. To publish monthly the state of prisons and those intended for minors, with the signing and enforcement of the Public Ministry, the Public Defender and parent and community councils; 20. Expansion and equipping of the Public Defender to serve the needy in all states and levels, and the creation a unique body for the defense of fundamental and human rights. It is our letter! On June 28, 2013 (Signatories) Juarez Tavares (UERJ) Juarez Cirino dos Santos (ICPC) Rubens Casara (TJ / RJ and IBMEC / RJ) Marcos Peixoto (TJ / RJ) Maurice Dieter (UPF) Reinaldo Santos de Almeida Júnior (UERJ) Fernando Fragoso (President of IAB) Antonio Martins (Uni-Frankfurt) Ana Elisa Liberatore da Silva Bechara (USP) Geraldo Prado (UFRJ) Paulo de Souza Queiroz (MPF and Uni-CEUB) Katie Arguello (UFPR) José Carlos Tórtima (Lawyer) Patrick Cacicedo (DP / SP) Andre Luiz de Souza Felice (DP / RJ) Jorge Augusto Bruno Pinho (DP / RJ) Pedro Paulo Lourival Carriello (DP / RJ) Denis Sampaio (DP / RJ) Jacson Luiz Zilio (MP / PR) James Joffily (MP / RJ) Ademar Borges (Lawyer) Fabio Bozza (Lawyer) Leonardo Yarochewski (PUC / MG) Flavio Mirza (UERJ) Salo de Carvalho (Lawyer) André Nicolitt (TJ / RJ) Cipriana Nicolitt (UES) Bruna Amatuzzi (Lawyer) Edward Carvalho (Lawyer) Leonardo Costa de Paula (UCAM) Thalita Coelho da Silva (Lawyer) Adriana Eiko Matsumoto (PUC / SP and Councilor CFP) Paul Coêlho Antonio dos Santos (SD / ES and Coordinator ANADEP) Carlos Alberto de Figueiredo e Silva Junior (DP / RJ) Soraia of Rosa Mendes (UCB / IDP) Taiguara Lebanon Soares and Souza (IBMEC / RJ) Rodrigo Fernandes (Lawyer) Isabel Coelho (TJ / RJ) Paulo Roberto de Almeida David (Lawyer) Gincarlo Silkunas Vay (Lawyer) Vanessa Batista Berner (UFRJ) Delilah Nacif Simone Lopes (TJ / RJ) Amilton Bueno de Carvalho (TJ / RS) Laíse Helena Macedo da Silva (MP / RJ) Mario Miranda Neto (Lawyer) Joao Batista Damasceno (TJ / RJ) José Guilherme Ferreira da Silva (PUC / MG) Hermes Guerrero (UFMG) Cleusa Maria Ribeiro (DP / RS) Maria Lucia Karam (TJ / RJ) Wallace Martins (Lawyer) O'Donnell Alexandre Mallet (UCAM) Priscilla Pedrosa de Souza Mattos (Lawyer) Leandro Nunes Gornick (Univille) Carla Odette Hofmann (Univille) Schiessl Helena Cardoso (Univille) Denise Franzoni (Univille) Diogo Justino (Lawyer - PDS) João Carlos Buch (TJ / SC) Leonardo Marcondes Machado (PC / SC and Univille) Giovani de Lima (Univille and FCJ) Peter Nonel (Univille) Antonio Pedro Melchior (Lawyer) Felipe Caldeira (IBMEC) Rodrigo Baptista Pacheco (DP / RJ) Andre Vaz (TJ / RJ) Eric de Sá Trotte (Lawyer) Rafaela Lemos (Lawyer)  Diogo Tristão (PGF).

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