Brazzil

This is an excellent article, that touches just part of the many problems with the Brasilian judical system. Federal Judges creating social policy by "alternative use of law" has been a problem for decades. As the author correctly points out, multi-national business, and indeed Brasilian business are always wary of investing in capacity or new business. Even when they follow the law, they could be targets of a judge that just :does not like them". The MST, and the judge that initiated the fingerprinting of American's are both great examples of the harm that is caused by Brasilian judges using their own interpretation of the law. What the article does not mention, is how :alternative use of law" helps hide corruption. Judges in Brasil have shown themselves to be as corrupt as the PM directing traffic on the street. The decsions handed down using "alternative law" are sometimes outragoues...but Brasilians are used to them, we just shrug our shouders. This has created a ripe enviroment for corruption. In the United States for example, if a Judge makes a contraversal decision, it raises eyebrows, it's covered in the press, people want to know what is going on. Here , there are so many crazy decisions, when a judge makes one in behalf of a criminal, even if it should create scrutiny, Brazilians either hear, and don't care...or don't hear at all. We all read about how great our govenrment, and police are doing, big economic improvements, and solid new plans for security. But our problems are not that simple...unfortunatly, a solution is not on the horizen.

Are there any solutions to this? How is it that a Judge can does this, and what would be needed to curb this practise? A rewriting of the 88 constitution? Rewriting laws? It makes one shutter it disbelief.

Americans should thoroughly study Brazil to see the result of leftist policies such as socialized medicine, judiciary activism, gun control, socialist foreign policy, lax criminal justice, attacks on the right of private property, etc.

I find this issue facsinating, in as much as the US has been undergoing this increasing tension between the courts and the Congress since beginning in the 30s and then accelerating in the 60s.

However, unlike Brazil, the US had over 100 years of rather conservative, individually rights based, judicially created lumber in the form of legal opinions, erected as court precedent, along with attempting to ahdere to the principle of Stare Decisis that is not so easy to unwind using recent collectivist legal theories.

Does the Brazilian constitution give to the congress the right to restrict the jurisdiction of the courts to hear certain legal controversies ?

In the US constitution, the Congress has the power to pass legislation that restricts the jurisdiction of the lower courts to hear certain issues.

In fact, only the Supreme Court is explicitly authorized in the US constitution, and the issues that it can entertain are listed in the constitution. All lower courts are creatures of the Congress.

If the Brazilian Congress cannot legislatively reign in its judges, then perhaps the Congress should consider either impeaching those judges that it considers to have trespassed upon the laws the Congress passes, or the Congress should consider amending the constitution to give itself the power to limit a court's jurisdication or to effect an impeachment of a runaway judge.

I fully realize that what one man considers a legislative trespass is another man's concept of justice.

In the US there is always that tension between the "originalists" (Scalia, Rehnquist, and Thomas) and the "Living document adherents" (Ginsberg, Souter, and Stevens).

I think that in the end, with enough time, given the nature of the culture, I think that the Brazilian people are more than capable, resilient, and resourceful enough to resolve this situation.

Trying to provide a better way of justice in this planet.

Each system in their own crazy away tries to imply, that the only, and the best way, of doing things, is their way.


To talk about England as a reference for social justice (Law) is least a bad joke.


Anybody that knows the history of the British Empire knows that the law was first craft to serve the “Colonizador” and then applied to suppress the “Colonizado”


You can pretty much set any kind of law. Because you wrote the law, does mean that provide better service or justice.


Since MR Z lives in Australia I presume he is in some kind of doctrinarian that is trying make or to transform Brazil in some kind of Little England.


Be happy where you are Mr Z. Forget about Brazil.


Build your life inside your new country of choice.


The World would be a boring place if everybody would choose to be Australian.

"Mr. Z" points our a HUGE problem in Brasil, I don't see where he states that anyone else is better...just the Brasils' court systems are broken, are you denying it? . Instead of attacking the messenger, perhaps you might use your brain to analyize the article, and comment on necessary changes. There seems to be a decison to attack authors on this site because the are not Brasilian, or are living away from Brasil..duh! That's what the site is for. Not all articles are well written, some are a joke, this one at least gives specifics and references. Now. if you are Brasilian, as I am...I will say it again, although no one is listening. WE MUST TAKE RESPONSIBILITY FOR OUR PROBLEM, and stop pointing our what we percieve as everyone elses problems...beacause it makes us feel good. Brasilian pride will be he downfall of us all.

Like you said what he is saying is nothing new.

The only thing he talks about is how great and fair is the "Brit" system.

To repeat something about a topic that everbody know about inside a 25 cent magazine is not a revolution i presume..

"Doutrinacao meu amigo"

Talk is cheap my friend.

.Inside your Brain you always going to remember how """ BAD" is Brazil and how ""GOOD and FAIR" is the Brit system
Did ever hear about Subliminal messages?




Subliminal messages are everywhere..... They're in ads, on TV, in music, in articles like this one. In fact subliminal messages are hidden in virtually everything that we do. As a matter of fact, often times when you speak to someone, you are sending them a subliminal message and may not even know it.

How can this be? Maybe your not trained in hypnosis, but you may get the same results that a hypnotist or someone that is well versed in hypnotic language may get.

The reason is that a subliminal message is merely your ability to communicate with someone's subconscious mind. It doesn't matter if you did it on purpose or by design, the effect works when it is done a certain way.

What is that certain way? Well, many advertisers use a subliminal directive in their ads in order to elicit a response from the viewer. This could be a subtle reference that says "Buy Now" or "Order Today", to more covert embedded methods of hiding the subliminal suggestion into a sentence structure.

The subconscious mind is the part of the mind below the level of conscious thought or perception. Unlike the conscious mind mind basing itself on logic, the sub-conscious mind will accept all information that is introduced to it and stores it for retrieval at a later time.

The subconscious mind is always awake, taking in all forms of stimulus that you are giving to it. Even while you sleep the subconscious mind is ready for action.

When you deliberately design a message, suggestion or directive that goes directly to the subconscious and by passes the conscious mind, you invoke a very strong concept of subliminal suggestion.

Do they work and how well?

They work as well as how well they are manufactured. If the person making the subliminal suggestion is doing it with a specific intent and has thought out all the ways that he/she can influence you, the directive has a good chance of working quite well.

An important point to know is that generally, one suggestion made to someone may or may not work that effectively, but if you combine several similar suggestions or directives at someone, their subconscious will start to pick up on the concept and start to act on it.

This is why advertisers know that it takes about 7 exposures or more of an advertisement before you fully recognize the message they are trying to get across. Unless the ad was so potent that you had to act on, you wouldn't consciously remember it.

So, subliminal directives most definitely work, it just depends on the skill level of the person doing it, the intent of the person and how receptive the other person is to the suggestion.

In our course, Manipulation, we tell you exactly how to get subliminal directives to work for you to use for business, relationships, romance or just plain fun!

Black helicopters too? This is a blog my friend, not the Economist, articles about Brasil, many about Brasils problemss, its why we all drop in from time to time. A chance to get it offour chests.. You are pretty defensive, so you are either a typical Brasilian (I am one two), or a hater of old England. I would give a leg, if Brasil's court systems mirrored Great Britians'. I would also not mind, if at this point it mirrored Chinas'. I am weary of corruption, political favor, and not being able to walk or drive the street of Rio at night...aren't you?

Sorry i did not know that the only reason here is to get this topics like you said "Out of our Chests"

Doesn't make sense for me to explain again

in Resume, again i say

Talk is cheap .

you are waisting your time by just talking.about a problem.

You are complaing and not doing nothing about it.

Going in circle.

Kind of sad.

No i'm not in Rio but, again ,if i were you ,would stop complaing about life inside Rio and would use my time to figure out a way. to improve Rio or to moved somewhere else.

Or you get out or you become part of the solution. To complain about Brazil inside a cheap board room is just a big waist of time.

I am one of the fortunate who have figured it out. I started and own a business that relies on foreign tourism, and I employee 26 Brasilian citizens, I provide them with a fair wage, benefits, and most importantly respect. I guess I hope I am helping in a small way. But your not Brasilian...so you can not understand. I would not move from Rio, because we love it here. The article is about judges using "alternative law", this is something unheard of in developed countries. I also beleive we are doing something to change Brasil. The change is not big, because our problems are huge, but there is incremental improvement. It's easy to live in a place where "things work" and say do something about it, when you have no idea what that means. Is it civil unrest? here you will get shot, is it uncovering corruption?...here you will get shot. How bout attempting to stop the mafia and drug lords?...here you will get shot...and so will your mom. Would you feel change was so easy, if the people most needed to help, the government, military, and police are as corrupt as the mafia and drug lords...I'll keep checking the blog and commenting knowing you have no idea what you are talking about.

Did you even understand what the article was saying? Because you didn't respond to it; you must have been responding to a voice in your head. You've obviously never been to Brazil.

Socialized medicine, gun control and other "leftist policies" are not the cause of Brazil's "problems". All developed nations (except the USA) have these policies and they result in superior societies than America -- ie narrower income distributions, less crime, etc.

America should have studied the real cause of Brasil's problems. And, the poster is right "leftist polices" have resulted in prospourus countries all over the world. The real cause of Brasil's problems is poor leadership...and that my American friend is something your country is experiencing as never before. Your citizens sleep and turn a blind eye, while your government continues to take away rights that are fundemental to your country and it's constitution. Like the British, French, Dutch, and Romans, the days of teh American "Empire" are coming to a close. What really scares me, is who will fill that void. It is truly amazing to see a country so powerful, and well thought of, lose the respect of the world in such a short time...what a lesson in history this will be!

The damage liberation theology has done to the catholic church is what this irrational way of looking at laws will do to the brazilian judiciary. By the way the brazilian judiciary, despite its many structural faults, is still the best power in brazil because it ussualy does not allow for class warfare from NEITHER parts to obstruct what the law states.

Very interesting article. I never understood, why a judge said to me that I should forget my daughter when the boy friend of my ex-wife pointed me a gun when I went to see my little daughter.
This was long time ago and after that, I left the Country. Now, I know why they only talk about money and not visit time, good time expending with the child, etc....
Hummmmmmmmmmmmm very interesting article, it is pity that they did not write about the judge's daughter that can not marry or she will lose all that money from the father pension. KKKKKKKKKKKKKKKKKKKKKKKKKKKK
Judge's daughter have a good life but can not marry and then live with one guy today and another one tomorrow.
lod lod lod lod

I think this article was well written and shows that without a legal system capable of upholding law and order, the good times are far away for Brasil. Without comparing brasil to nay other country, I would just say I would not tolerate arbitary judements without regard for law and order.