A young lady in tattered clothes and holey shoes. This is how the current federal Constitution can be characterized, which completed 35 years of its promulgation, last Thursday (5), with little or no reason to celebrate.
Conceived as a milestone for overcoming the long-standing (and authoritarian) military regime imposed on the country for 21 years, the Magna Carta is excellent in intentions, but leaves a lot to be desired in practice.
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When it was coined the ‘Citizen Constitution’ – for emphasizing individual rights and guarantees – by its greatest creator, deputy Ulysses Guimarães (PMDB/SP), the basic motivation for defending democracy is the biggest loss for the country, since the form of political representation, direct elections for positions in the Legislative and Executive, lack a basic instrument, social control of the performance of the parliamentarian, mayor, governor or president of the Republic.
In this case, the Brazilian's 'civicism' is limited to the act of voting, never accompanied by the act of 'demanding', especially because they no longer give importance to social security programs. government or mandate priorities, relegated to the background, in favor of marketing facades and appealing fake news, opportunistic, if not, slanderous of honor alien.
Without effective demands from (un)organized society regarding the use and allocation of public money, public policies are at the mercy of political and partisan convenience, in which the discontinuity of works and services essential to the population.
This can be seen from the fact that more than 100 million Brazilians, in the 21st century, do not even have the fundamental right to basic sanitation, while another 35 million do not have access to water treated.
The data comes from Instituto Trata Brasil, according to a report published last March by the G1 website, based on indicators 2021 of the National Sanitation Information System, which analyzed a universe of the 100 most populous.
Another deformity can be observed in article 2 of the major law, which deals with the separation of “powers of the Union (the Legislative, the Executive and the Judiciary), independent and harmonious with each other”, today replaced by the opulence of the Judiciary, which assumes the executive role and formulator of laws, in direct affront to this basic principle constitutional.
As the experienced journalist in matters of the Federal Capital, Alexandre Garcia, emphasizes in a recent article in the newspaper ‘Estado de Minas’: “Those who operate the institutions are there in our name; Those who wrote the Constitution and the laws did so in our name and with our vote. Those who make the state administration work are our servants. But all this remains in theory, because in practice those who received power from the people feel like they are the owners of the state, the law and the institutions, while we are treated as servants, payers of taxes that support powers at three levels – and this is not democracy, which is the exercise of power by the people, governed by Constitution".
As a result, disrespect for the Magna Law resurrects the regression, the arbitrariness, from the times of the dictatorship, precisely what was intended to eradicate, forever, following the example of the hypertrophy of the Union in tax issue, as this practically concentrates the entirety of national revenue, redistributed according to the will of the Planalto's occupant, burying the federalism that defines the Republic homeland.
Returning to the issue of the 'acclaimed' and soon forgotten 'social control', Garcia mentions the European and Yankee models of district voting, never approved by Congress National, for obvious reasons, since this would, in fact, confer power on the voter to demand ‘in loco’ from his elected ‘neighbor’, the fulfillment of the ‘promises of campaign'.
Finally, it is always good to remember the adage of the genius of the race, the eminent jurist Rui Barbosa, and his famous phrase: “The worst dictatorship is that of the Judiciary, because against it, there is no one to appeal”, such as the controversial invasion of jurisdiction of the Federal Supreme Court (STF) over other powers, as of what? Defense of democracy.
It remains to be seen what democracy we are talking about. Certainly from specific interest groups, never from the majority, as is the meaning of the word demo (people) cracy (government), in the free translation from Greek.
To top it off, another touted chimera is the constitutional precept that the ‘law is for everyone’, contradicted by the release of rich or highly dangerous prisoners, long before compliance with the law. penalty, that is, Justice is for those who have the financial resources to appeal sentences, which have already become final and unappealable, until they obtain freedom, financed by the flawed judicial structure national.
