quarta-feira, 17 de fevereiro de 2016

EMPTY THE BRAZILIAN LAW

EMPTY THE BRAZILIAN LAW





First articulate arguments in relation to empty does not mean failing to recognize the well populated areas, long before, only to dedicate lines to the boldness of filling the gaps to better integrate what was void with what is properly filled.

Second step to clarify empty I mean, ie the emptiness of outstanding professionals under the law, with excellent dynamics and legal syllogisms, to envy the most advanced international courts, belonging to the legacy of belonging arguments and that fill gaps not answered by the law as it is now willing, is in court, doctrinal or legislative.

In this sense, I attended many debates that do not win the proportion of the acceptance of the media or the acceptance of the treaty rights in the legislative and judicial spheres, because they are so busy with numerous other occupations, which are unable to realize that the gaps that leave can be filled the correct and feel and appreciation of these arguments, which, in short, only work with the dynamics of law.

I have said and I reiterate pass to belong to one of these discussion groups concerned with the dynamics of law, particularly the coming NEW CPC (same name group in the face), and now participate in the eponymous group, which suggest to readers interested in lucid and purposeful discussions, come to participate, knowing, however, that the momentum is still embryonic, still not taking the proposals designed and accepted the spheres of legislated and legal right to establish the normative need for completing the new cpc gaps.

Concern as the effective date for the sake of establishing the correct starting point, it is not clear, the form of protocol by mail, and my very particular concern more felt, to the new cpc, coming with the mantle of meet the demands of society as a whole and will not nearly meet them, ultimately creates figures, been called as "cycling" legal, through new law editing on the appropriateness of the resources in the final and intermediate cuts.

The society already overwhelmed with the dynamics of Negligence of debauched public administrators, flippant and unconcerned with public affairs, does not deserve, as well said the colleague of the new group cpc before that (I will not mention the name because we have not asked permission, is in group reviews), live under the regime of uncertainty dessabores before the gaps created by a law, though studied, does not address the larger justice service needs of the population.

The legalese, long criticized by some as a way to lay away, joins the preliminary criminal intake, which, unlike other preliminaries, only demonstrate the weakness of the judiciary in most listened analysis of law heralded by the parties in court.

The law can and must be defended, always first, now if, in the heat of emotion, in the zeal to justify the words said does not square with the ill-fated preliminary requirements, there goes right into space.

And it is precisely where the cry more sense of the population, then, turns out to be unattended for greater attention to the right or the negative thereof.

The law, being larger, consented or denied, can not be the object of advisors to their judgment and disdain (spoken in the judiciary in Republic of counsel), give the right whatever it wants, and still defend the free conviction of the judge without the drugs the correct external control, as required for the lifting of the judiciary level to the population and outside society.

The human development index, considered by international human rights bodies, just take this information into account to demote the Brazil, the condition of relay intention in the consummation of law for justice administration organs.

Good judges and right have nothing to be offended by what I say, because they know the ills of the system, and with them are not associated, the goal here is not to criticize, but to establish the fulfillment of the need to point the gaps for professionals They do not write books, but has sometimes better arguments than these.

Nothing against those who write books, is a master work, but to capture the essence of who, debate with interest to collaborate is the mission of the correct management of the legislative and judicial processes.

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