Luiz Fux, and kept conviction of two women for theft of $ 14 and a piece of meat. , Nunes Marques and denied freedom to man who stole products worth R $ 62. Two recent examples of the rejection of the actions of habeas corpus no. Crime without violence, without threat, without relevant prejudice. Only poverty.
There is distinction of classes within legality. Even not written in the letter of the law, it appears in institutional practices. In the entelters of the law, the rule of law discriminates. It gives diverse and disadvantageous treatment to the poor.
Brazilian society has committed itself, through the 1988 Constitution, to reduce inequalities, eradicate poverty and combat causes of poverty. But our powerful vulgate about wealth and poverty makes morally cruel and empirically ignorant inferences about the rich and poor individual, about the qualities of character that explain wealth, the defects that justify poverty. Blocked the promise.
Poor has addiction, rich has virtue. Poor is endowed with laziness, stupidity and envy. And disease. And lack of time. And lack of health and education. And poor food addiction. And guilt for food insecurity. It suffers from state dependence, from. And the pregnant craze. Poverty is Demerit in (worth reading book by Michael França and Filipi Nascimento).
Rich we are endowed with fiber and effort, purpose and intelligence. And cradle. And inheritance. And good school. And desk. And free time. And sleep. And healthy eating. And non -virtual social network. We generate employment, make the economy grow. Wealth is individual merit.
These vices and presumed virtues have legal effects. Rich we received subsidy, incentive and exemption. Forgiveness, amnesty and exemption. And SuperSallário. We enjoy the judicial and police sympathy. We enjoy the presumption of legality. Security in private space.
We can pay law of bad faith litigation, nullities and creative resources (showed sociologist Marc Galanter). , confessed João Camargo, “but he is not entitled to cake,”.
Poor pays more tax and takes pejotization. Suffers a police approach with club and shooting. Suffers judicial and police antipathy, violence and segregation in the public space. Suffers presumption of illegality. It has no political lobby or attorney. In the distributive conflict, spending cuts often impoverish the poor. Rich, says psychology.
Almost no one assumes authorship of this algorithm of national culture. It sounds too caricatus, too immoral. This common sense compiled synthesizes a code of discrimination, and continues to influence our verbal, political and legal reflexes. Not only causes distributive defeats as punitive imbalances.
The non -written legal regime of poverty, especially the criminal and prison regime of poverty, illuminates the depraved contradiction of recent amnesty acts of serial political delinquency.
There is virtue in forgiveness, depending on who is forgiven, for which reasons. The same country that gives and informal to public criminals, through the legislative, judicial and monocratic obstruction of the Supreme Court, does not forgive the crime of poverty.
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