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The Rich Also Get Arrested in Brazil, But Only the Poor Go to Jail PDF Print E-mail
Written by Cristovam Buarque   
Tuesday, 29 July 2008 19:20

Handcuffs I have friends who feel proud that they were handcuffed because of their ideas. They would have liked it if, back in those days, the television had divulged the news of their arrest because they could have publicized their fight for democracy, and the record of their imprisonment would be a form of protection. 

But they were not even able to cry out. Their mothers, wives, entities like Order of Attorneys of Brazil (OAB), the Brazilian Press Association (ABI), the National Conference of Bishops of Brazil (CNBB) and other groups had to mobilize, attempting to let the country know what was happening and where they were imprisoned.

These days while watching the news show in which the Federal Police arrested those accused of forming a gang, influence peddling, illegal enrichment, money laundering, I imagined what some of these friends would think, these friends who were imprisoned fighting so that this would not happen again. What they would think of the action of the police in the democracy for which they fought so hard?

My first thought was that, this time, there was an order, signed by a judge, authorizing the imprisonment. The police spent months in assembling evidence, listening in on telephone calls with a Justice authorization. Their choice of whom to arrest was not a random one.

The second was that, in that time of clandestine prisons, my friends would envy the protection that the TV spectacle would have afforded them. If there had been a spectacle when the army soldiers arrested three young men from a favela, they would not have been turned over to their death at the hands of a rival gang.

An arrest, carried out by the police and shown on television, humiliates the prisoner but becomes public, giving out the information of where he will be taken. It works with transparency.

In a certain way, my formerly-handcuffed friends would think how strange the situation is: in the past they were proud, although afraid, to be arrested, and today it is the police who are proud and the prisoners who feel ashamed but not afraid.

My friends would envy the rapidity of the judiciary system now. In a few hours any prisoner is released and will be released again if the police re-arrest him, even on the basis of new evidence.

Something else that would attract my friends' attention would be the competence and honesty of the police. Accustomed, in the past, to fear and hate the police who persecuted them and killed their comrades, they are surprised how those of today resist corruption and confront the powerful. Some police even have the honesty and courage to participate in a sting by accepting bribes of as much as a million dollars, merely to collect evidence against the bandits.

But, above all, it is possible that my friends who fought for the democracy are divided between the justice of arresting the corrupt and the legality of the judicial apparatus. Because one cannot speak of justice without legality, but it is possible to speak of legality without justice.

They would think that it is possible that the police are exaggerating when they arrest people even upon the basis of judicially authorized recordings of conversations and arrest warrants.

Despite this doubt, however, I think that between the hurried arrest and the hurried release, my friends certainly would prefer the former; they consider the hurry of the police more democratic than the strange hurry of justice.

After such a struggle for democracy, my friends are encouraged by the fact that, in Brazil, the rich are also arrested, although these remain under arrest only for a short time. The legality has not turned just.

For the first time there is criticism of the use of handcuffs, as if they had been invented only yesterday, as if they were not used every day in the arrests of criminals without the money to pay good lawyers, as if the handcuffs were only bad because they damage the fabric of the beautiful clothing worn by the rich, something that does not happen when the poor are arrested since they always appear shirtless on television.

After so many years of use, the handcuffs have become an abuse. The abuse now is the handcuffs and not the crime committed - forming a gang, evading income tax, laundering money. It is even possible that handcuffs will become illegal. But this certainly will not make the legality more democratic.

Cristovam Buarque is a professor at the University of Brasília and a PDT senator for the Federal District. You can visit his website - www.cristovam.org.br - and write to him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Translated from the Portuguese by Linda Jerome This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Comments (23)Add Comment
Ever
written by Ric, July 29, 2008
Been mugged? Was the perp a rich kid or a poor kid?

Had your house broken into? Were the robbers upper middle class or other?

Found out your kid was buying drugs? Was his or her dealer a low life scumbag or a university grad doing well?

Is it inappropriate that the type of crimes which can result in innocent people dying or being wounded, end up in more jail time than crimes that do not?

You are surprised or offended that there are more poor incarcerated than middle class, see in this an unfairness or maybe a conspiracy? Isn´t one of the first responsibilities of the system to protect its citizens from being murdered or maimed?

On the other hand, are anarchists and revolutionaries so dense or naive that they fail to realize that their philosphy, if put into practice, puts a legitimate (from the standpoint of the government they have sworn to destroy)bulls-eye right between their eyes?

Whattya got against manufacturers of handcuffs, trying to make a buck?

The Rich Also Get Arrested in Brazil, But Only the Poor Go to Jail
written by João da Silva, July 29, 2008
Another enlightening article, by my favorite Senator. Thank you, sir. You are a good man.
and stay
written by Forrest Allen Brown, July 30, 2008
yes they ger to wera the cuffs but are forgiven by there buddies or the good old boys .
told to go set in the cornor till the avarage brasilian forgets that he killed someone , in slaved someone , clear cut the rain forest for his own profit ,killed a civil project because he and his buddies took all the money now the poor dont have schools , ambulances ,drinking water , the walk bridge over the main road ,
it goes on for ever and yet no one has to pay just steal a bit more later .

that is why coulmbias president is better than others in SA
as he has almost stoped all high level crouption in his country
remember brasil owns the amazon
written by Forrest Allen Brown, July 30, 2008
SO AT THIS RATE THE AMAZON WILL LOOK LIKE EASTER ISLAND IN 20 YEARS.

and when its gone only brasil will be to blame for its killing off .
Once again...
written by bo, July 30, 2008
An illegal drugged up brazilian gets killed by Mass. police while running from them. This one only got picked up several times in New York as well as Mass. for driving violations and threatening to committ murder!

Naturally the brazilian community is up in arms and his girlfriend, who he threatened to kill, says she's suing the police....go figure. She also said he didn't "reagir". What the hell does one call running from the police at speeds up to 140 km/hour and ramming a police car?

Ya think that people would learn that when the police turn on the lights and tell you to stop, you frickin' stop!

By John R. Ellement and Michael Levenson
The Boston Globe

YARMOUTH, Mass. — As outraged family members denounced the use of deadly force and as fear reverberated through Cape Cod's Brazilian community, investigators reviewed yesterday the frantic moments of an early-morning traffic stop, trying to determine whether a Yarmouth police officer was justified in killing an undocumented house painter from Brazil.

Andre L. Martins, 25, was killed by a single gunshot to the heart and lungs after fleeing Officer Christopher Van Ness at about 1 a.m. Sunday, according to Cape and Islands District Attorney Michael D. O'Keefe. Van Ness opened fire after Martins, his car apparently boxed in on a neighborhood lawn, rammed the cruiser in an attempt to flee, O'Keefe said.

With new details yesterday came even more questions, and authorities said they needed time to untangle the events and cautioned against quick judgments.

"We don't jump to conclusions," O'Keefe said in a telephone interview. "We have an investigation, and we allow that investigation to be completed."

Camila Campos, Martins's girlfriend and the mother of his 5-year-old daughter and 2-year-old son, was in the passenger seat at the time of the shooting and was not harmed, O'Keefe said.

Campos, 25, said she avoided being shot by ducking in the car. She told the Brazilian newspaper Folha Online yesterday: "The police officer who blocked the street got out of the car, appeared in the open window, and started to shoot." He fired three times, she said.

Campos consulted a lawyer yesterday and said she would take legal action.

"He didn't have any time to defend himself," she told Folha Online. "The officer who shot at Andre acted wrongly. He should have shot at the tires."

Last night at her home in Yarmouth, Campos held up the couple's 2-year-old boy and said, "See what they took away. My son didn't deserve to have his father taken away."

Van Ness, 34, a three-year veteran of the Police Department who previously served in the Harwich Police Department, was placed on administrative leave with pay yesterday. O'Keefe said Van Ness was an "exemplary officer" who was upset about the tragedy.

Martins's father, Luiz Carlos de Castro Martins, a reserve police officer in Brazil, told Folha that his son may have been afraid to stop because he was not in the United States legally. Court records indicate that Martins's work visa had expired, although O'Keefe declined to comment on Martins's immigration status.

"They have to think before they act, to be more cautious," de Castro Martins said. "I know that the situation is difficult, but you can't simply shoot at someone."

One of Martins's friends, Alex Kovalski, said he had talked to Martins Friday after the Yarmouth man was arrested by Barnstable police on charges of driving without a license and driving to endanger. According to court records, officers on bicycles had spotted Martins driving recklessly through heavy traffic and causing several cars to brake suddenly.

Kovalski said Martins was terrified of being arrested again and deported to Brazil.

"He was so afraid," he said. "He was so scared of getting taken away."

Registry records show that Martins was not licensed to drive in Massachusetts. His application was denied in 2005 because he had problems with his driving record in New York, including driving while uninsured and failing to report for a hearing.

Barnstable court records show that Martins had three criminal cases scheduled to go to court next month. In July 2007, he was charged with threatening to commit murder, operating a motor vehicle without a license, and leaving the scene of an auto accident.

Those charges were filed after police said Martins rammed Campos's car in a bank parking lot and drove off. At the time, Campos told police that Martins had recently broken off their relationship and called her on her cellphone, threatening to kill her.

"I know I was wrong," Martins later told Yarmouth police, according to court records. "I shouldn't have done it. I just got so mad when I saw my girlfriend in the mall with another guy, I hit her car. I shouldn't have hit it, but I was so mad, I just hit it hard."

con't...
written by bo, July 30, 2008
In June, Yarmouth police said they stopped Martins for running a red light. During the stop, Martins gave the officer a Brazilian driver's license and was arrested on a charge of operating with a suspended license.

Sunday's chase began when Van Ness saw a dark car allegedly speeding from the Bayview Beach parking lot near the Yarmouth/Hyannis line. Van Ness pursued the car, catching up with Martins's black Lincoln Continental on Harbor Road, O'Keefe said.

Van Ness drove behind the Lincoln, which sped off, reaching speeds that witnesses later estimated at 80 to 90 miles per hour, O'Keefe said.

Van Ness turned on his flashing blue lights as Martins turned onto Baxter Avenue and allegedly headed toward several police cruisers parked at the end of the street that were blocking the entrance to Route 28.

He turned left into a yard, attempted to make a U-turn, and struck Van Ness's cruiser, O'Keefe said. It was not clear whether Van Ness was inside, O'Keefe added.

At some point in the encounter, Van Ness got out of his cruiser and fired multiple shots, killing Martins. Paramedics found a marijuana cigarette in Martins's mouth, O'Keefe said. Police did not find any firearms in his car.

Martins's friends described him as a doting father.

"He was a great guy, very nice and very dedicated to his kids," said Cristina Rivera, a former neighbor. "He had a dirt bike and would take his kids on rides around the yard. And when the kids had birthdays, he would throw these huge parties."

Yesterday at Intercontinental, a Brazilian market in Hyannis, a flier on the door demanded justice for Martins. Campos had stopped by the store earlier, weeping and asking for help, and the owner was collecting money to send Martins's body to Brazil for burial.

Fausto da Rocha, executive director of the Brazilian Immigrant Center in Allston, said many immigrants are worried that Van Ness will not be held accountable because Martins was an illegal immigrant.

"A lot of people in the community are upset and sad for what happened because these people came to the United States trying to build a better life," da Rocha said yesterday. "Now, more and more people are going to be afraid when the police stop them, that they can be shot."

You Go Howie!!
written by bo, July 30, 2008
Illegal actions, not status, got Cape immigrant killed


Memo to the illegal-alien community:

That presumably doped-up Brazilian with the criminal rap sheet as long as your arm was not shot by a Yarmouth policeman because he was in this country illegally. Andre Martins was killed after he rammed a police car in an attempt to avoid being arrested.

You can’t blame this one on the traditional excuse of a “language barrier.” Ramming a police car is what you call a global language. In any tongue, it means the same - I’m willing to kill you to escape.

The fliers were out on Cape Cod yesterday demanding “justice” for the alien. Of course it’s not his fault, because it never is. He was only trying to ram their patrol car.

You would think Andre’s girlfriend - I’m surprised she’s not calling herself his fiance yet - would get what it’s like to be rammed by a car. After all, her now deceased boyfriend last year rammed the woman, Camila Campos, after calling her cell phone and threatening to kill her.

“Andre was not a criminal,” she told the Cape Cod Times. Although of course there were those three charges he was due in court on next month - threatening to commit murder, operating a motor vehicle without a license and leaving the scene.

“He helped me in everything he could,” his galpal said.

Yes, you know what George Bush says about illegal aliens. They’re only doing the jobs Americans won’t do. In Yarmouth, they’ve changed the president’s words around a bit. They say the illegals are only ramming the police cruisers Americans won’t ram.

“Someone just took his life like that.”

Listen, Camila, how many times do I have to tell you? Your illegal boytoy got iced because he rammed a police cruiser. He refused to stop when he saw the blue lights, he was doing up to 90 miles an hour in the chase, and when they pulled him out of the car, he still had a marijuana joint dangling from his lips. Remember that this fall when the Cheech & Chong brigade tells you to vote yes on Question 2 because no one high on pot ever tried to hurt anyone else.

“Shooting at someone because they are an immigrant is not a reason to kill someone.”

This is what happens when the laws aren’t enforced for some people, namely, illegal aliens like Andre. He got away with so much for so long that he just assumed that the old song from West Side Story was right. Everything free in America. Including ramming a police car.

A couple of weeks ago Barack Obama pandered to some Hispanic lobbying group by calling immigration raids “vigilanteism.” Interesting idea - that law-enforcement agents enforcing the law is, per se, vigilanteism. When an American citizen is arrested, it’s not called vigilanteism. It’s called “law and order.”

“We are all made of skin and bone whether we are from Brazil or America or some other part of the country.”

Another mistake, Camila. Brazil is not part of the United States. Andre had no business being here. He was a one-man crime wave, not to mention fathering children out of wedlock, who will now grow up on - well, back to Camila.

“One is a special-needs child. I take him month to month to Children’s Hospital, and he’s only 2 years old. . . . Leticia was very close to her father. I am in the process of contacting a counselor, someone who can help her understand.”

Sounds very expensive, but I’m sure Andre’s insurance - oh wait, let me guess. He didn’t have any insurance. The taxpayers, of which I very much doubt he was one, are now on the hook for the offspring of his wonderful adventure here in the land of the free.

“He did not do anything to deserve this.”

And what exactly did the American people - the citizens - do to deserve this?
Hey Bo(bâo)…
written by ..., July 30, 2008
Men you are HOT… Did you just get out of jail? Are you still facing pedophilia criminal charges?

Bo(bâo), I think you confused Pen State with the State Pen!

Happy Jail Honeymoon

Costinha
costinha
written by Forrest Allen Brown, July 30, 2008
the spam you speak is just pure spam .

the public of the US is tired of people from other
nations comming here and demanding free .
of something they cant even get in there home land .

it is coming down to no more free ride in the US

any more

BO if only people would understand the bad ones here are bad ones every where ,

it is just in the US they get killed for there actions , and then they complain
Perckerwood “Florist A$$ Brown”
written by ..., July 30, 2008
SPAM huh… I know you like the stuff.

What is your favored way of eating it… fried, boiled, sun dried, smoked?

I bet on weekends, your buddies gather around your double-wide trailer, BBQ the s**t, and wash down with a 6 pack… right?

You redneck you…

Costa

...
written by ...., July 30, 2008
Oi Costa,

At the risk of sounding a tid bit hypocritical, is there such a thing as a Brazilian BBQ? Do Brazilians drink beer? smilies/cheesy.gif smilies/cheesy.gif
Bo
written by Shelly1, July 30, 2008
If you get shot and killed in Brazil, it won't have any rights and your family will not be able to sue the police-or anyone for that matter.

If they find you are an American, you are screwed. They will hang you like Judas and/or crucify you like Jesus. Tourists get killed in Rio, where are the protests? Certainly, this is a similar case to the guy killed in London. The BR community was enraged, but they "forgot" that at home, crimes go unsolved and people do not get the justice they deserve.

Brazil is a land of double standards, safe heaven for criminals and corrupt politicians. Only the scum of society wants to be a politico. I have YET to meet a honest politician, they must be a species of concern, rare in a field where "amiguismo", bribery is the norm.
bo
written by Shelly1, July 30, 2008
it won't have
-I meant to say you won't have
Shelly The B..I..T..C..H with a GLITCH
written by ..., July 30, 2008
Obnoxious, excessively dominant, mean, insecure, naive, dumb, selfish, inadequate, cold-hearted, spoiled, immature, cheater, traitor, terrible in bed and loves to suck!

Ohhh… Shelly, my sweet N sour wild thing, how much longer before I can break you?

From your one & only

Costinha
...
written by Shelly1, July 30, 2008
Um candidato a vereador de Porto Velho (RO) foi preso anteontem sob a suspeita de distribuir pintinhos em troca de votos em um bairro da capital. A Polícia Federal apreendeu 4.000 pintinhos com uma cabo eleitoral do candidato a vereador Sandro Gonzaga (PV). Eles seriam distribuídos em troca da promessa de voto, diz a PF.


http://www1.folha.uol.com.br/folha/brasil/ult96u427556.shtml


Bo, "sera que o Gonzaga vai ver o sol nascer quadrado?" I bet he won't !

Only in Brazil , where candidates "buy" votes "donating" chicks smilies/grin.gif smilies/cheesy.gif smilies/grin.gif
To Bo !
written by ch.c., July 30, 2008

When Jean Charles was killed by the UK police during the London bombing, it became for 2 years a NATIONAL OUTRAGE to Bin the Crook and
his 4000 thieves, AND THE OVERALL BRAZILIAN SOCIETY.

But when the Brazilian police killed many more than ONE innocent AT EVERY SP AND RIO CHAOS, it was....NORMAL, and no investigation was ever made, let alone charge anyone. And this despite the SP city mayor and state governor admitted PUBLICLY that INNOCENTSSSSSS.....WERE KILLED !

Simple demonstration that a Brazilian killed outside his country is worth far more than a thousand Brazilians killed in Brazil !

Funny that Bin the Crook, his 4000 thieves and the overall society have never yet been outraged more than ONE minute (during a speech for the medias)...against the killings of innocent street children......by the World Famous.....BRAZILIAN DEATHSSSSSS SQUADSSSSSSS.

Viva Brazil, a Tropical Mud where innocents lives are very very very cheap !!!!!

Costinha
written by ch.c., July 30, 2008
Of course there are BBQs in Brazil.
Dont you recall when :
- President Bush was offered diseased meat, in one of his visit to Brazil by Bin the Crook ????
- And the world largest BBQ in....Congonhas ????? Yesssssss.....Brazilian best security *experts" found logical to put fuel reserves cisterns at the end of....of a landing strip.

smilies/shocked.gif smilies/shocked.gif smilies/shocked.gif smilies/shocked.gif
Even Steven…
written by ..., July 31, 2008
Shelly1 says:

Um candidato a vereador de Porto Velho (RO) foi preso anteontem sob a suspeita de distribuir pintinhos em troca de votos em um bairro da capital. A Polícia Federal apreendeu 4.000 pintinhos com uma cabo eleitoral do candidato a vereador Sandro Gonzaga (PV). Eles seriam distribuídos em troca da promessa de voto, diz a PF.

http://www1.folha.uol.com.br/folha/brasil/ult96u427556.shtml

Costa says:

The seven-count indictment charges Sen. Stevens, the former chairperson of the Senate Committee on Appropriations, with engaging in a nearly eight-year scheme to conceal his receipt of more than $250,000 in things of value from VECO Corporation, formerly a multi-national oil services company based in Alaska, and Bill J. Allen, the Chief Executive Officer of VECO at the time. According to the indictment, Stevens concealed these things of value from his publicly filed United States Senate financial disclosure forms. The things of value that Stevens allegedly received included: substantial home improvements to property Stevens owns in Girdwood, Alaska; automobile exchanges in which Stevens received new vehicles worth far more than the used vehicles Stevens provided in exchange; and household goods. The indictment also alleges that Sen. Stevens, during the same time that he was concealing his continuing receipt of these things of value from VECO and Allen, received solicitations for official actions from Allen and other VECO employees, and that Sen. Stevens used his position and office on behalf of VECO during that same time period."

http://www.bespacific.com/mt/archives/018911.html



Bo, "sera que o Senador Stevens vai ver o sol nascer quadrado?" I bet he won't !

Only in the United States, where candidates "buy" votes "donating" chicks

KKkkkkkkkkkkk



You are not Shelly1… You are Shelly69
written by ..., July 31, 2008
Shelly69 & Bo(bão)…. He licks her, she sucks him, poivoits!

Costa
Another gringo dead in Brazil - how many in total?
written by ..., July 31, 2008
If you get shot and killed in Brazil, it won't have any rights and your family will not be able to sue the police-or anyone for that matter.


Certainly the family of this young lass wont be able to sue. Even if they could, what would they get? A tube of glue, a pot of rice and a shack with a view to other shacks?

http://noticias.terra.com.br/brasil/interna/0,,OI3041426-EI5030,00.html
...
written by JAY GLENN, August 01, 2008
STILL every one can not see why we want that big fence at the border.
Try to KILL a police officer in RIO and see what happens.
Criminal garbage is garbage what every langue it speaks.
BBC and CNN report
written by forrest allen brown, August 02, 2008
Brasil established a bank account for the protection of the amazon
for other countries to put money into

to be used by brasil to help the amazon .

but only the brasilians will have say so on how the money is spent and where it is spent

can any one say where most of this money will go

So right Forrest !
written by ch.c., August 02, 2008
-"Brasil established a bank account for the protection of the amazon
for other countries to put money into"

Forgetting on purpose that 8 countries cover what Brazil pretend to be the sole owner of...Amazon !

"can any one say where most of this money will go"

In Miami condos, did not you know yet ????

With irony...but so true.
Even after the payment the cheaters will still justify more deforestation.

That is what scam is made for.

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