The Goliath’s party: long live for the king’s friends at court

This article is a reflection on the utopia of the Democratic State of Rights whose reality suggests the transformation to the monocratic state of politics.

Portuguese Original Version

We are living in these times the election to choose a Minister in the Supreme Court, and we dare to say that it is an election because although it is a prerogative of choosing the Presidency of the Republic, it is endorsed by the representatives of the Federated States, the Senators.

If it’s an election for the Supreme Court, then it could be said that it’s a party of Democracy, where the selfless glow of the dignity of Justice sets the tone. But, unfortunately, what we witness is the tone of the physiology of the Powers, under the title of defense of “institutional values”, which means “politics of internal interests in which the ends justify the means”, since Brazil lost its education, and without political culture, politicking turned everything into the same thing, the Executive, Legislative and Judiciary Powers, into the anything goes of politics, as it replaced altruism with casuistry.

Credits: jjvallero

This has nothing to do with the character of the Brazilian, to whom as a Brazilian, a lawyer for 27 years, and also a teacher, I can say that as a native Brazilian, we have a dream of the Democratic Right’s State, that is the envy of any other nation in the World, so, It is not a question here of making a derogatory criticism of the Powers of the Republic, but of expanding the Nation’s gaze, towards the Pearls of its Democracy shaped by uneducated conductors.

It has been said since the beginning of the Republic of Brazil that governing an illiterate people is the dream of every politician. And in fact, when we witness the struggle of powers in the dispute for public office, now the office of Supreme Court Minister, ends up transforming the sweet taste of citizenship into bitter indigestion accompanied by nausea.

The Powers took as a basis the television media indicators as a government parameter, and thus act following audience surveys, responding more to what the people want to hear (in physiology) than what the people need to hear (in altruism).

However, witnessing the decay of the sustaniability television audience of present times, resulting from the strategy of those who have always sold what the people wanted to hear instead of selling (educating) what the people needed to hear, this service sales strategy, television or political shows, using here the term used by research specialists, a trend too, doomed to the same bankruptcy, as it repeats the refrain of the prediction of the music of the Titãs (Titan) Band:

“the television, made me dumb, too dumb, yet more.

now all the things I think about seem the same” (TITÃS, 1985)1

And if for the people everything looks the same, there will certainly be a government (Executive, Legislative and Judiciary Power) that in their eyes everything looks the same. And the effects of this is the loss of the achievements of our parents, who once enjoyed some education, and now, as prodigal children, we squander the legacy left to us as a Citizen Constitution, and from Democracy what you see is the monocracy, dominated by political powers so far from the Constitutional reality that many say it is pure utopia, such as the guarantee of a minimum wage with dignity, for example.

Many criticize the way the Supreme Court ministers were chosen, given the criterion of casuist political interest applied by the Executive Branch, under physiological blessings from the Legislative Branch, erasing the shine of the altruism of the dignity of Justice, thus suggesting, in its place, the technocracy of career servants.

But judicial technocracy also finds its parallel in television strategy, as there is no concern with the quality of jurisdictional provision for an effective realization of citizenship of the parties in the process, but, inspired by “internal institutional values”, they serve the interests of the parties in accordance with the popular audience indexes, whose effect is the substitution of citizenship for favors of the State to the vassals, since the result of the jurisdictional provision does not care if it buried the public interest of the common good (Art. 37 of the Constitution of the Republic/88).

If there is a claim by a citizen against the jurisdictional provision of a judge, a court, or a public defender, the answer is always the same, nothing can be done to him, under the mantra: “he acted within the guarantee of its functional autonomy”, and thus, the state jurist puts himself above the laws, to the point where the citizen hears from the politicians “judicial decision is not discussed, it is fulfilled”.

This is the thought of a vassal, accustomed to the physiology of bartering coins, one who, afraid of having nothing, sells his citizen’s treasure for trifles, because “all the things he thinks look alike to him.”

But, if the Democratic State of Rights the utopia of guaranteeing equality, in the so-called republican spirit, then the Judiciary Branch cannot be above the Law, to the point of transforming its jurisdictional provision “in what it understands to be right” as echoed, maxima venia, in the expression of a minister of the Court in a television judgment, when he said: to the fullest, modesty, that is, for this citizen, the sense of the monologue is created, “it’s what I think and that’s it” , as Chico Buarque once sang: today you’re the boss, say ok, there’s no discussion, today my people are talking sideways and looking at the ground, it saw (feeling you undestand?) (BUARQUE, 1970)2.

The altruistic shine of the dignity of Justice is in the joint construction, and the Supreme Court is not the isolated reference of absolute purity, those jurists are not the gods of Justice of the Nation, because all its components are as human as any of the others Brazilians.

Thus, perhaps the legacy left by our parents, for the election of the Popular Juri, could be a path towards the brightness of this party for the election of a new Minister of the Court, within the principle of electing someone from the people to judge as a people.

Given the lack of education, the judicial technocracy turned the Judiciary into a service provider of “guaranteeing its functional autonomy”, that is, there is no quality value criterion for judicial provision, the result of your work is summarized in statistics instead of how to take the same care that one takes in the quality of product delivery by corporations, O Judidicário should aim at improving the quality of life of citizens.

There is no quality because, denying the efficiency and publicity of Article 37 of the Constitution of the Republic/88, the Law by the Judge self’s, of the intimate forum of “functional autonomy” is substituted for the court to call itself the god of Justice, as it exempts itself from any control of “their intimate forum”.

Thus, it became a theory, the minimum wage with dignity, it became a theory, re-retirement, which in place of dignity, under the principle of “institutional values”, increased the social security contribution as a burden to the retired person who continues to work.

Because, it maintains the obligation of the social security maintenance contribution, unbalancing the Justice as it does not return any consideration to the elderly citizen, by imposing the duty on that retired person who is obliged to continue working until the last days of life to survive, to contribute to support the monocratic State of law, not as social contribution, but imposed, therefore, it will remain without the right to anything, to any consideration, not even to sick pay for the worker.

Conclusion

The guarantee of functional Court freedom’s cannot be transformed into the “oba oba [yeah, yeah, yeah…] do I am that whoever is in charge, spoke is spoken”, but rather, revere obedience to the effectiveness of the jurisdictional provision, in the sense of applying and guaranteeing the effectiveness of the Public Interest, as reality of citizenship, in the joint reverence of advertising (Art. 37 of CR/88), and not as today, in decisions full of meanings “in an intimate way” that only the monocratic author understands your self judgement, because in the place of advertising it remains hidden in the depths of his inner self, and the effect is: “judicial efficiency to the brim”, because for the people everything seems the same thing.

1TITÃS. Televisão. In Album Televisão.São Paulo:WEA, 1985. Disponível em https://youtu.be/7psItZeHmqU. Acesso em 15 jul.2021.

2BUARQUE, Chico. Apesar de Você. São Paulo: Phillips, 1970. Disponível em https://youtu.be/nT1rxzFL0dE. Acesso em 15 jul. 2021.

Autor: Laurentino Lúcio Filho

Advogado na área cível-empresarial, há 26 anos, Mestre em Tecnologias da Inteligência e Design Digital na linha da Semiótica Cognitiva com foco em formação docente e Professor Universitário nas graduações de Adminsitração, Gestão de Pessoas e Contabilidade.

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