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Brief discussion of the will of the majority in democracies

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Not today a significant directory of comments on social media among other things discussed the foundations of power in democracies. More or less, the question posed raises democracy as a connection between demonstrations and the authorities, in a formula that is reflected in the “simplification of this meeting”, defines the position of the majority as legitimate and democratic. A good generalization of this understanding, which in the romanticism of his argumentation is gaining more and more followers, can be found in the well-known opinion of the journalist Alexander Garcia: “We Brazilians have not lost the habit of discussing the obvious. This is because we are not aware of the obvious. The constitution begins by saying that “all power comes from the people.” If democracy is the will of the majority, then power comes from the majority of people. But the overwhelming majority of so-called intellectuality disputes this evidence. She claims that democracy is not the will of the majority. “ [1]

However, is the question so obvious? Let’s see: if democracies are political regimes that, of course, are guided by the will of the people, but not only, but also are a means of protection against a possible majority, there are some contradictions in this.

Let’s watch in this sense and for example a question posed through the prism of the French political philosopher Pierre Rosanvallon. According to him “Democratic legitimacy” [2], there are new opportunities to legitimize this form of government in addition to holding elections. And in that sense he goes back to a kind political common sense in order to recall already in the introduction to the work the premise that it intends to violate: “The idea that the people are the only legitimate source of power”… what idea as the author calls fiction asserts itself, of course, because it breaks “An ancient world in which minorities dictated their laws”… And, above all, for this reason, it was not even discussed, constituting “Garcia’s evidence.” In the end, he came up with a clear and necessary opposition in the setting and context of an outright break with an authoritarian past: on the one hand, the Church, for example who was in charge say divine right to the throne , contested after the conclusion of two Locke treaties. On the other hand, peopleis now viewed as new star a source legitimacy to govern.

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Faced with this democratic common sense, Rosanvallon believes that the legitimacy of democracy has not been established, however, exclusively from people. In other words, democracy and the functioning of its mechanisms are also legitimate, in addition to the procedures for the selection of government officials, which have so far been sufficient. it is repeated in that fiction undeniable “To shape the rights of the majority against the clearly defined will of despotic or aristocratic regimes” [3]… But, moreover, for Rosanwallon such legitimacy would also be granted impartiality, for closeness and why reflexivity

It is on this last possibility of democratic legitimacy that the interest of this discussion may fall, since constitutional courts are institutions that embody this mode of legitimation. After all, it is from them or remember restrictions on the executive leader or parliament, clarifying: Expressing a majority in a polling station does not imply permission for any form of discretion. Otherwise, in a dimension other than electoral dispute. and the differences that characterize it , these same institutions are located to guarantee a common interest, theoretically limited by political pacts. that is, in constitutions , the space in which the principles that guide the political community that projects them are cataloged.

The dictatorship of the judiciary? Not. Principles of Close Interpretation. And that is precisely why such a premise does not mean the perception of the locus of protection of this constitutional space. which the courts themselves as a kind of Babylon of the senses, in which the voluntarism of the ruler or “majority” is replaced by the decisiveness of judges. In the end, it will remain nothing more than a shift of free will from one power to another.

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The thing is:
Autonomy belongs to the Law, which constitutes a language game and, ideally, is posed as a condition for the ability to project unity onto a democratic way of life. It is not a matter of one force or another, or even some popular abstraction. The historical path is winding, and there is no doubt about it, since the reality of democracy never tires of showing us. In any case, there are no shortcuts: democratic legitimacy does not lie in unrestricted executive action or legislative proposals, even if voice from the streets
ultimately mirror image so ask. In the end, in this way, the manifestation of strength will always be associated with strength. And that, I must say, seems a bit republican. We would replace the glorified and absolutist “I am the state” new and “democratic” “We are the state”… But what if you, the potential reader, are not among the “we”how would it be? This is a fundamental question.

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Organizations advocate for greater LGBT+ participation in politics

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Minister Facin mentions "authoritarian populism" that threatens democracy

On the day chosen as the day to fight against homophobia, LGBT+ organizations are calling attention to the need for greater representation of this population in power, especially in the face of this year’s elections, when state and federal parliaments will be revamped. . It is estimated that while candidates gained momentum in the last elections, they still face obstacles in 2020, leaving a representative segment of Brazilian society beyond the reach of decision-making.

On May 17, 1990, the World Health Organization (WHO) removed homosexuality from the international list of diseases according to the International Statistical Classification of Diseases and Related Health Problems. Thus, this date became the International Day Against Homophobia.

For #VoteLGBT member Guilherme Mohallem, this date marks the international alliance’s struggle to raise awareness of issues related to the LGBT+ community. The organization aims to increase LGBT+ representation in all areas, especially in politics. “A population that, like blacks and women, is excluded from participating in political life because the rules are made so that we cannot participate. There is a problem of party funding. And there is the problem of political violence when a person is elected,” Mohallem said. Brazilian agency.

Representation in elections

One climb conducted by the organization shows that in the 2020 elections, the campaign identified 556 LGBT+ candidates, of which 97 were elected, representing 17% of the total. It is worth remembering that Electoral Justice does not collect data on the sexual orientation of candidates, which makes it difficult to conduct a deeper study.

The survey also shows that LGBT candidates receive, on average, only 2% of Brazilian political parties’ candidacy spending ceiling in cities with more than 500,000 inhabitants. In the smaller ones, parties allocate an average of 6% of the budget for these candidates. The survey points to the political innovations represented by LGBT+ people, and at the same time to the obstacles faced in society and within subtitles.

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“In the last elections, we saw the electoral success of LGBT candidates. We have had a record number of candidates and elected officials, but all these victories are built in the context of great struggle and, often, in spite of political parties. Applications are still underfunded. Without financial support, they still suffer from a real chance of a dispute in many cities across the country. We are everywhere, but we are isolated,” said researcher and #VoteLGBT member Evora Cardoso.

For these elections, #VoteLGBT has created a platform for mapping the candidacies of the population.

This view is shared by LGBTI Alliance Communications Coordinator Gregory Rodriguez, who also works to promote and protect the human rights and citizenship of the LGBTI+ community. Among the actions of the Alliance there is also one aimed at encouraging an increase in the number of LGBTI candidates in places of political decision-making.

“The LGBTI population cannot simply be a population used as a platform for allied candidatures. In addition to allied people, we need to occupy these spaces. We need to be seen for our qualities,” he said.

Aliança is coordinating the Voto Com Pride program launched in partnership with Grupo Arco-Íris de Cidadania LGBTI+ from Rio de Janeiro and Grupo Dignidade from Parana, which, in addition to a platform to match these candidates, also wants to offer training to potential candidates.

So far, 74 LGBTI+ candidates and people close to them have been registered. Most in the state of São Paulo (11). Then comes Minas (10). In the states of Rio de Janeiro and Santa Catarina (9). This is followed by the State of Goiás with seven provisional candidates and Bahia with four. Of the 74 preliminary candidates, 52 are federal candidates, 21 state representatives, and one district representative.

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“We need to know how many of us there are, and since there are few of us, these practical formations serve to encourage these people, find ways to support these preliminary candidates so that they become effective candidates and receive effective party support. All this in order to be able to increase the representativeness of this invisible class in our political scenario,” he said.

Justice

According to Rodriguez, some of the advances on the LGBTI agenda have come through litigation, with little to no parliamentary play on the issue. The most significant recent decision was made by the Federal Supreme Court (STF) on June 13, 2019, when it recognized LGBT phobia as a crime of racism.

LGBTphobia is a term used to refer to all forms of violence against LGBTI+ people where the main motivation is their gender identity and/or sexual orientation. At the same time, the court also pointed to the delay of the National Congress in drafting a law on this issue.

“In the current scenario, we cannot talk about achievements, we are fighting to avoid failures. The Brazilian judiciary is responsible for securing the rights we have today. Adoption, blood donation, gay marriage, criminalization of LGBT phobia. And this is thanks to the inertia of the parliament,” said Rodriguez.

Mohallem recalls that since a significant part of the rights were obtained in the judiciary, they may be limited due to changes in the agreements signed by the courts, and that the presence of LGBTI + in politics further ensures the diversity of representation in Parliament to achieve the creation of laws aimed at this audience.

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“If we are present in the debate on the construction of these laws, we can not only create laws for the specific needs of this population, but also include them in laws that are already being passed, but which simply ignore our existence,” he said. said.



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PF will investigate Moro for electoral fraud; A politician is as bad as a judge – 05/17/2022

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PF will investigate Moro for electoral fraud;  A politician is as bad as a judge - 05/17/2022

O Former judge Sergio Moro and his “conja” Rosangela Moro were prosecuted on suspicion of electoral fraud. The investigation will be conducted by the Federal Police. If found guilty, they may be sentenced to imprisonment for up to five years and a fine of 5 to 15 days, as provided for in Article 289 of the Electoral Code, namely:
“Art. 289. Fraudulent voter registration:
Punishment – imprisonment for up to five years and a fine from five to 15 days.

The decision is made by prosecutor Reinaldo Mapelli Junior of the São Paulo Public Electoral Ministry. But what is really the catch? Transfer from Curitiba to Sao Paulo of the duo’s residence. As is known, infamous and widely known – especially in the courts – the couple lives in Curitiba and has all their connections there, including workers.

The justifications that the two presented to the Electoral Ministry in an attempt to prove links to the city of São Paulo did not convince prosecutor Mapelli Junior, who decided an investigation was necessary. He lays out the reasons on 19 pages. Trust me, the “shame of others” comes out when we read. And these are two lawyers – one of them is a former judge …

The investigation by the Electoral Prosecutor’s Office began with the presentation of a piece of news actually formulated by businesswoman Roberta Moreira Luchsinger. She listed widely reported facts in the press pointing to the possible fraudulent transfer of residence in the elections by both Moro and Rosangela. The relevant defense sent explanations to the prosecutor, but he considered them insufficient. Wrote:
“The explanations presented by SERGIO FERNANDO MORO and ROSANGELA MARIA WOLF QUADROS DE MORO, at this stage of total knowledge and the predominance of the principle in dubio pro societate, are understood as the public interest in investigating alleged criminal acts, when there are signs of authorship and materiality – not to convince, imposing the need deepening the investigation for a better understanding of the facts.

And that’s why PF will come into play. And what explanations did not convince? We will see.

1: Last minute lease agreement
As the only evidence of his connection with the city of São Paulo, Moro presented a real estate lease signed by Rosangela on March 28. She changed her electoral residence on the 29th; he, 30. Among other things, the prosecutor wants the terms of this contract to be examined to see if it really reflects reality: after all, the couple lives in São Paulo?

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And it was at this point that the duo seemed to shoot themselves in the foot.

2: Efficient communication with the city of Sao Paulo.
The Prosecutor notes that the jurisprudence of the Electoral Court does not in fact limit the electoral residence to the civil residence. Other ties are also being considered: affective, family, professional, community, etc. This is what is contained in article 23 of resolution 23.659/2021. It just so happens that the breadth and fluidity of the bonding concept doesn’t justify MMA.

The prosecutor notes that, according to the law, two requirements are necessary to confirm the electoral residence:
1: that the connection is real, that is: it cannot be a mere drop in legislation;
2: that it exists for at least three months at the time of transfer.

While it is common knowledge and knowledge that the couple lives in Curitiba and made their careers there, the duo claims such “links” to São Paulo. Which?

MORO LINKS WITH SP, SECOND MORO
– received the Order of Ipirangi, the degree of the Grand Cross;
– received honorary titles of citizens of the cities of Sorocaba, Rio Grande da Serra and Itaquaquecetuba;
– worked for Álvarez & Marsal, which has an office in Sao Paulo;
– used a room in the Continental Hotel as his political office.

Are you ashamed, reader? I do not live!

The promoter notes:
“At least at this stage of the investigation, when witnesses have not yet been heard and no additional corroborating evidence has been collected, SERGIO MORO’s weak argument that he has a connection with the city of São Paulo cannot be accepted, since he received honors in accordance with the documents presented to them. — one from the Grand Cross of the Order of Ipiranga is a state award, and others from other cities of São Paulo, not from São Paulo/SP (Sorocaba, Rio Grande da Serra and Itaquaquecetuba) — ; or who was employed by Alvarez & Marsal is a company for which he provided services for a short period of time in the United States, which is headquartered in New York, which is irrelevant as it obviously has an office in the city of Sao Paulo – ; or even that he may have participated in some political meetings at the Continental da Alameda Santos hotel no. , documents to be reviewed as they are not final)”.

It should be noted that even in pointing out these “links” to São Paulo, Moro limited himself to presenting his wife’s lease as a unique link to the city. Technical issues have been reported and will be investigated.

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ROSANGELA’S RELATIONSHIPS WITH SP, ACCORDING TO ROSANGELA
And what about Rosangela Moro’s connections with the city of São Paulo? What will they be? Can I help! Promoter writes:
“The argument that ROSANGELA will have a connection with São Paulo/SP seems very fragile for the development of work with CASA HUNTER from 12/15/2016, the famous Brazilian association for the protection of people with rare diseases and disabilities (Contract for the Provision of Advocates), nothing worthwhile, including the authorship of the book “Rare Diseases and Public Policy: Understand, Welcome and Participate”, published by Editora Matriz in March 2020, as evidenced by research on the world wide web, because what electoral legislation requires is effective communication with the city that also in relation to this point of contention (employment in a company based in Sao Paulo) should be investigated in the course of an investigation aimed at establishing the truth.”

You read it right: elective residency seems to have become as arbitrary for Moro and his gang as Curitiba’s right to judge whatever he wants when he was a judge of the 13th Federal Court. See there: Rosangela is a lawyer for an organization based in São Paulo and this will create a “bond”.

The prosecutor notes that both “admittedly residents, lawyers and politicians of the City of Curitiba/PR” in that “transferred directly from the computerized voter registration system to the polling house for the 5th electoral zone of São Paulo – Jardim Paulista, using only a lease agreement for part of the building located at Rua João Cachoeira nº 292, signed shortly before, apparently for the purpose of confirmation of residence as the basis for choosing the municipality of São Paulo”.

And continues: “They say they live there, as indicated in the power of attorney issued by the famous lawyers, a situation that in itself requires a criminal investigation to verify whether the registration was fraudulent or not, since the behavior is characterized as an electoral crime (Article 289 of the Electoral Code), including taking into account the obvious fragility of other links, assumed a posteriori (…).”

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MINIMUM RELATIONSHIP IS THREE MONTHS
Prosecutor Mapelli Junior recalls that a minimum bail period of three months is a direct legal requirement under section 38, section III, of Ordinance 23,659 of the High Electoral Court, which invokes section 8, section III, of Law 6,996.

In the official document for the new electoral residence, it should be repeated, the couple presented only the lease agreement concluded the day before and on the eve of the respective transfers.

AS A JUDGE, WHAT POLICY?
This is not the case when the severity of the then Judge Moreau is contrasted with, what should I call it?, the promiscuity of the politician Moreau. And I do not make such a contrast for a simple reason: I did not consider Judge Moro Severo. I realized—and the Supreme Court decisions proved me right—that he was practicing illegal activities, which is the opposite of strictness.

Therefore, it seems to me that the politician Moreau, like Judge Moreau, reads the law at his own discretion. I do not know if your candidacy, if any, will be rejected. Tell me: does a two-day lease characterize electoral housing? Receiving commendations and citizenship titles, as well as meeting at the hotel, show a connection with the city of São Paulo? If the answer is no, Moreau and Rosangela committed the crime, according to the case law, even if they were not applied. The protected asset, as the promoter points out, is the voter register, which cannot be fooled. Although in the sequel, the couple will drink chicabon instead of running for office.

CONCLUSION
And what did Moreau say now that the federal police are investigating him? He preferred to attack Lulu as if the former president was responsible for the story he told the election judge. Posted on Twitter:
“There is nothing illegal in my new electoral address. It is the right of every Brazilian to change. No problem, I will provide all the necessary information. Now this interrogation is strange, while the candidacy of a convict in 3 instances is interpreted naturally.”

Apparently, he pretends that the STP, which overturned Lule’s convictions, declaring him an incompetent and suspicious judge, is not among the “instances” of justice. And why did the court do this? Because it seems that Judge Moreau was just as unorthodox as the politician Moreau when it comes to enforcing the law.

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Selective justice supports Luciano Hanga’s political rights

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Selective justice supports Luciano Hanga's political rights

TRE-RS denied a request to strip the owner of Havan of the right to abuse economic power; businessman says he won’t apply

The TRE-RS (Regional Electoral Court of Rio Grande do Sul) rejected this Monday (May 16, 2022) a request to have businessman Luciano Hanga, owner of Havan shops, declared incompetent.

The court ruled on the request of PT, PC do B, PDT and PL. The parties said Hang abused economic power by making statements about the 2020 Santa Rosa (RS) municipal elections. These statements may have influenced the outcome of the election, the parties say.

On this occasion, the businessman said that “PT and the left are champions of bureaucracy”. He also said building a Havan store in Santa Rosa would only be possible if Anderson Mantei, then the PP candidate, won the race for mayor. The politician has been elected.

“Manteil is at the forefront of research. Please upvote. What is a useful vote, Luciano? A useful vote is to vote for who will be the first to defeat the left in their municipality so that this trouble does not return […] On the 15th, vote for Mantei, and then, in the next few months, Havan will be here, I’m sure of it.”Hang said.

7 judges of the TER-RS, responsible for considering the case, considered that there were no violations in the speech of the businessman.

Although he is eligible, Hang is not expected to run in the 2022 elections. The name was supposed to run for a Senate seat in Santa Catarina. However, in March he announced that he would not run.

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Owner of Havana. said on his Twitter profile what the solution is “victory” freedom of speech. “Congratulations to the members of TRE-RS on the implementation of the Constitution, the protection of the right to freedom of thought.”he said.

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