By Flávio Henrique Santos*
(Opinion) The elections of 2022 revealed a Brazil divided, not solely by its consequence however by the unwillingness to dialogue that dominates the political scene, inflicting a fierce ambiance that persists within the office, in households, and social interplay normally, particularly in social networks.
We are all exhausted, exhausted from not being heard, though we don’t wish to hear the opinion of our opponents both, and we crush the whole lot that appears hostile within the acid of phrases.
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The truth is that greater than three many years after the promulgation of the 1988 Federal Constitution, we’ve got not but realized to deal correctly with democracy and, a lot much less, to respect the principles that govern us.
A Constitution isn’t just any legislation however a venture of society. We are – and must be – all certain to it, not out of worry, however out of affection.
And this sense should transcend any political ardour or private ambition.
The Judiciary is constitutionally answerable for settling conflicts and can’t evade this activity on a whim, vainness, or unconfessable pursuits.
When it acts on this method, it renounces its constitutional responsibility and leaves society in a solution void.
In Brazil, nevertheless, the political actors sit in one of many constitutional powers that promote disobedience and thus unlearn society.
We have greater than 100 constitutional amendments, guided by this or that authorities, provoked by this or that parliamentary comfort.
This is shredding the Constitution and thus deforming it in order that the group learns that the principles are secondary and may be unceremoniously modified and refuted in accordance with each’s perspective.
Dissatisfaction concerning the election result’s reputable, however solely a problem formulated within the gentle of well-founded authorized causes may be sustained.
Likewise, the Judiciary Branch is constitutionally charged with settling conflicts and can’t evade this activity on a whim, vainness, or unconfessable pursuits.
When it acts on this method, it renounces its constitutional responsibility and leaves society in a solution void.
On the opposite hand, this lack of affection for the Constitution explains the growth of the judiciary’s actions, which, by means of its highest ranks, has not solely muzzled the chief but additionally silenced the legislative.
And when Parliament is silent, the individuals react, taking again for themselves the train of energy that they delegated to their representatives.
The perfect civic gesture could be the self-restraint of the Judiciary, opening the way in which for the resumption of a wholesome dialogue with the Executive Branch and stopping the asphyxiation it has triggered to Parliament.
But, detached to the due authorized course of, the Supreme Court STF and, extra just lately, the Superior Electoral Court TSE institute arbitrary actions and – with free rein – impose censorship on residents, deprive parliamentarians of their voices, open shady investigations, invade the property of people and corporations, break secrets and techniques, violate privateness, decree unlawful arrests, amongst different excesses that we see rising each day.
The scenario is harking back to a choose from the work of the Czech author Franz Kafka, for whom the precept is that guilt is at all times past doubt and due to this fact doesn’t must be confirmed.
The individuals, specifically, are demonstrating in opposition to this.
Perplexed, although peaceable, a vigorous a part of the Brazilian inhabitants is occupying the streets, crowding in entrance of the Armed Forces commandos, in an uncommon plea, exactly as a result of the three powers of the Republic aren’t listening to them.
The Executive is silent, the Legislative is hiding, and the Judiciary occupies an area that doesn’t belong to it.
It doesn’t appear to be solely the results of the final electoral contest held to decide on the long run president of the Republic that animates these manifestations, however the complete course of that preceded and succeeds it.
Commanded and ratified above all by the Supreme Court, which must be liable for guarding the Constitution, however has lengthy been stifling it, bringing as a consequence the imbalance between the powers of the Republic and the indignation of an expressive a part of Brazilian society.
We should acknowledge that the wound left in our reminiscence by the army dictatorship confuses the constitutional function of the Armed Forces.
It is their responsibility, in these instances of political anomaly, to ensure the rule of legislation the restoration of nationwide order within the face of the inexorable violation of constitutional powers in Brazil.
They aren’t known as upon to intervene to take over energy however to ensure its excellent functioning, returning to the constituted powers the atmosphere for a harmonious command of the nation, thus pacifying society.
But do we want this? Our leaders lack humility!
The perfect civic gesture could be the self-restraint of the Judiciary, paving the way in which for the resumption of a wholesome dialogue with the Executive Branch and stopping the stifling that it has been inflicting to Parliament, particularly when a brand new legislature is about to occupy the National Congress.
It is now time to wave to the nation with a gesture of reverence, recognizing that the state is for the individuals and never the opposite method round.
But whereas they proclaim to the worldwide group that Brazil is a democracy and respects its Constitution, the ministers of our excessive courts despise the individuals.
“You lose, airhead!” summed up the enlightened Roberto Barroso.
Let’s hope the voice of the streets is heard within the correct time and method.
* Flávio Henrique Santos is a lawyer.
With data from Gazeta do Povo
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