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Can you please cite and copy the exact text of the constitution which bases this? I use this english translation of the constitution for citations: https://ww
by matheusmoreira 2y ago
Can you please cite and copy the exact text of the constitution which bases this?
I use this english translation of the constitution for citations:
https://www.constituteproject.org/constitution/Brazil_2017 https://www.constituteproject.org/constitution/Brazil_2017
Every point in the text is linkable.
Searching the constitution's text for article 4 gives me these:
https://www.constituteproject.org/constitution/Brazil_2017#s30 https://www.constituteproject.org/constitution/Brazil_2017#s...
An enumeration of the republic's objectives in the context of its international relations.
https://www.constituteproject.org/constitution/Brazil_2017#s4596 https://www.constituteproject.org/constitution/Brazil_2017#s...
What appears to be some historic details concerning the transition from last century's military dictatorship to the democracy.
I still cannot find it.
Anyway...
I'm not exactly a fan of the "it's the court's interpretation" argument. It's an appeal to authority. The authority of these judges is questionable. They aren't real judges whose knowledge of law was tested by competition via concurso público. They're there due to their political connections. When it comes to correct application of the law, I'd sooner trust the judges in the lower courts than the current president's former lawyer.
I'm also not a fan of the word "interpretation". It opens the door to the selective and creative applications of the law. These judges usurped power when they started legislating instead of applying the law as written. I've had actual lawyers complain to my face about cases where these judges just made up their own interpretation instead of doing what the written text says.
I really want to see the article you speak of so that I can at least try to understand the logic they're using.
- marcosdumay 2y agoAFAIK, it's usually based on the item 8: repudiation of terrorism and racism. But this one decision may be about something else, nobody knows. Those are not details about the transition from the dictatorship. They are expected to be followed by all of the remaining of the text. And yeah, that translation is correct, the actual text doesn't say that at all. IMO, the entire thing is very bullshitty. There is an entire idea of "legal principles", taken out of context from random places on the Constitution, and the entire Judiciary upholds them, except when they decide not to. That started as soon as the constitution-writing assembly was dismissed. (Just to add, even our first "democratically elected" president after the new constitution was picked by a decision like that.)
- matheusmoreira 2y ago> item 8: repudiation of terrorism and racism I see it now. Thank you. I don't agree with their interpretation but I see what you're getting at. > the entire Judiciary upholds them, except when they decide not to I started smelling bullshit too when I noticed this. These judges are not impartial at all. > That started as soon as the constitution-writing assembly was dismissed. How sad... The popular saying here is "doctors think they're gods, judges know it". So things have always worked that way. Realizing this now as an adult is extremely demoralizing and disillusioning.
- marcosdumay 2y agoIf you want to get truly disillusioned, look at how Sarney became president.