Opinion (José Lúcio / Judge): When corruption flies higher.
If there are themes that promise to keep for a long time to mark today in the societies in which we live, there is no doubt that corruption is one of them. Just look at Portugal or Brazil.
José Lúcio
Judge
It was also highlighted recent news the position of the Brazilian Supreme Court ruled that the execution of the sentence can only be started after the end of the traffic conviction, thereby reversing its previous case-law that even in 2016 reaffirmed the possibility to start serving the sentence as soon as the sentencing court decision was confirmed by a review body.
Leaving aside now the effects of this decision in Brazilian political life, which are impossible to calculate time, interests however make some brief remarks.
This controversy over the execution of a sentence after conviction in two instances or only after exhausting all possible resources drag truly complex issues and embarrassing. One can not ignore the concept of res judicata, and what it implies in the legal system - the damning Aresto may undergo change in appellate seat.
However, also it does not cost observe the sociological reality, and not exactly legal, which states that some never lack the resources while for others the resources are always scarce. Now therefore, how is it, the practical consequence of conviction requirement unappealable for beginning of the sentence will inevitably be some never fulfilled, even sometimes accumulating successive convictions, while others, tried and sentenced at a later date, eventually serving their sentences before the first start - simply because they have no life and no means to support the infinite array of resources and complaints that lawyers battalions to the service of the first may drag indefinitely.
It is easily imagine the general feeling of the beholder out this duality, and emphasize the widespread belief that justice ultimately is effective but only for small - to the great of this world system gets stuck and has so many loopholes and pitfalls that for some of them will always be assured impunity.
Of course, the sense of powerlessness of the courts before the high crime and corruption is the level of social elites, political and economic will tend to worsen. Few generalizations will be potentially more demoralizing than this impression that justice fall paralyzed and powerless against the rich and powerful.
And do not think it is inevitable that divorce between public opinion and the results of the administration of justice and the courts. Num qual quer sistema jurÃdico de matriz anglo-saxónica, those of us always referred to with admiration for his garantismo, the controversy not make sense. Were in free England or America freer and that procedures are still in progress at the highest level would achieve not allow convicts escape the serving of sentences already confirmed.
And among us, what about this issue of corruption in high places? Good, between us, as usual entangled in the contradictions in that mix conveniences policies, legal wrapped, complicities of all kinds, there is nothing to cherish optimism. I recommend to cultivate a methodical pessimism, I have for healthy and lucid. At least thus avoids the unpleasant surprises. Keeping the attitude, we are guaranteed - surprises that come, will always be excellent. Nobody expects anything good.
That there is corruption, no one doubts. However great the slightest look, She exists. And when you least expect it jumps back to the first pages. What seems increasingly doubtful is the feasibility of fighting through the courts (only) against this hydra with a thousand heads and do not know how many lives.
Aprendi com o tempo que nunca podemos encarar com pessimismo excessivo o momento que passa. Things can always turn out to be worse than they are.
(Text written under the previous rule to spell AO1990, by the author's option)
