THE CURRENT AND THE POSSIBLE FUTURE OF BRAZIL

THE CURRENT AND THE POSSIBLE
POSSIBLE FUTURE OF BRASIL

The mission of justice and justice is to rescue the social equilibrium, understood as the justice in the positive sense of the word, within the limits of socially accepted action, and, according to the normality of the democratic regime.
Punisher is the one who does not settle for the wrong done, and, from it, the goal is to eradicate injustices through denunciations, investigative work, collaboration in transparency groups, seeking guidance and, OVERBODY, do not get carried away by the feeling of struggle for Information that is not consistent with reality.
It is clear that within the politicians who are there, a large portion acted and / or acts in favor of personal property, to the detriment of the public thing.
On the other hand, when one sees the practical result of the action of the vigilante, the first visible consequence is the establishment of the regime of fear of the public agents who did not act correctly to be caught, and of the public agents with enemies, even if they were honest, to have their Lives defenestrated by the action of political enemies.
The role of informers is to narrate the unlawful act as it is, and to be received with due reservation, since the unaccompanied denunciation of the unquestionable legal proof has the power to enable the offender, already with life undone, to make his attempt Condemning innocents, merely by spreading their names, which will be immediately accepted by the media that they act, systematically in an unsuspecting manner, condemning, invariably, for exposing, without containing elements that translate into legal certainty.
This immediate effect, in order to gain notoriety, has become common, since the press has systematically been divulging the matter of informers who point out the political figures they want as their cronies, and, the disclosure occurs without unquestionable proof of material, and then as The direct consequence indicated by the informant is in the position of socially condemned without being judicially convicted.
Where the relevance of acting differently lies in the fact that, referred to as the dispersion of the natural order of things, it brings to the innocent the just fear of being unduly accused and, in the face of this well-founded fear, begins to take life for fear of Invest because of glaring flaws in the way the demarcation is conceived and has entered the Brazilian penal system.
It is enough for the informer to create the condemnatory concatenation according to a possible reality to implement the prior conviction, through investigation that is no longer exempt because it does not guarantee any balance in the weight of evidence, since the society having condemned by the media, submits the judgment to become Hostage to the response that the media longs for.
The question remains whether I am in favor of guilty? In particular, I am primarily interested in ensuring that investigated persons have the balance of forces of condemnation that is now lost through the social effects guaranteed by the jet-lation operation.
Giuseppe Garibaldi is celebrated as a hero of two worlds, less in Imbituba and especially in Imaruí - Santa Catarina, where he was considered a ferocious and bloodthirsty assassin, committing a massacre due to the deviations of the excess power.
This excess of power is already felt in the actions of the Public Prosecutor's Office and the Judiciary, which continue without a brake, experiencing the frenzy of the media, which elevates it, resulting in the need to always appear.
It is interesting that all investigations had been concentrated in two or three acts, and, with the side effects, mainly protecting the companies, with interventions, guaranteeing the solution of continuity, Brazil, would have already got rid of the corrupt ones, investments would be Guaranteed, and above all, there would be no capital flight, business closure, 12 million unemployed, Brazil risk in an odd scale, and above all, we would already have lucid proposals to avoid corruption, taking into account the agents' Eradicating the possibility of corruption, rather than simply increasing criminal penalties, which in no way rule out the possibility of corrupt actions.
In any case, the donations play a relevant role if the accessible evidence is extremely incontestable that can be divulged by the media. Brazil will condemn the current President Temer, Dilma, Lula, FHC and Fernando Collor because of the complaints that are the order of the day. This in no way worries me, what worries me are the consequences in the international media, the next question is: Will anyone in good conscience invest in Brazil, because of this disorder? I am not advocating impunity, but it is high time to assure those interested in investing in the country that, in a legally accepted and new way, there will be no possibility of neither corruption nor being condemned in advance for undue media exposure, What is happening today. That is, laws and draft laws that are in progress do not design Advances in the eradication of  Corruption, making investment more costly because of the risks. Similarly, the risk of capital, no one is safe from having his name improperly exposed by disclosure for mere brawl or personal intrigue, or even for reasons of market competition or reserve of this

Contrary to what I am saying, in the opposite sense it could be said that the IPOS - PUBLIC OFFERS that will be launched act in opposition to what I say, ie JBS JBS Foods International companies; Construction company Tenda, Gafisa's housing division; Sadia Halal - Food; Log Commercial Prop. - Warehouses; Movida - Vehicle Rental; Sanepar - Sanitation; Tenda - Construction; Unidas, and, analyzing each of the cases listed above, it is seen that corporate governance is giving credit to the market, but does not endorse its administrative methods in relation to its relations with public orders in the most diverse spheres of power. Which, of course, will not be taken into account in investing, otherwise it would be the complete failure of the intended operations.
What will be seen is that the growth projection will be confirmed with the acquisition of shares in the market that will consume them with the firm idea that something has changed in Brazil, but in the course of contractuality nothing happens, investors will see that it has no security whatsoever. And I say this because of the fact that I advocated 14 years ago to recover 40 years of investment in the financial system, and because of the fraudulent maneuver that until today can be practiced by the Central Bank, this possibility persists, that is , Who wants to invest for forty years, receive dividends in the period and, after 40 years of marriage, wait 14 years for the division of assets and be decreed a divorce? The answer is simple no one, and no investor who knows this will invest in the country, it could be JBS or any big corporation to make ipos, because no one is crazy to invest without return security.
Today the security of the investor in Brazil is summed up the eventuality of the action of a malicious inspection or a wrong decision from day to night to end the investment without giving right to any claim, or this changes, or Brazil will have bad investors, Such as those who purchase an electric power plant in São Paulo and are accused of not complying with any local work or safety rule, giving the Ministry of Mines and Energy the mission of ending contractuality, otherwise the population will be out of energy, and it is more than time To be enough for all this.
The picture feeds the illusion that people who make a donation are good from day to night, but it is clear, however, that the donation takes into account the interest of bringing people from the same group to the condemnation regime, as long as they are Indeed the people in the same group, with the incontestable proofs are fine, but when these proofs lead to general insecurity, something needs to be contained.
The new Commercial Code needs to be significantly improved as a project to create the norms of the hybrid system of perception of social capital in private public private relations according to the way the company operates.
The private company that has a relationship with the public capital must have its relationship preventively controlled by a group of the Public Prosecutor's Office, Judiciary, Police, auditing and specialized control bodies as per the action, and, duly insured, with absolute control of contractuality in the management and Finance.
In this control, if necessary, the previously justified intervention can be implemented, for a continuity solution, with the creation of a single management and accountability electronic site, with the elimination of the possibility of consequential lawsuits, since the judiciary will be previously controlling , Which will certainly significantly reduce the volume of wrongful actions in court. In Portugal, a unique group of professional orders was created, which houses all authorized professionals in the country. This group can and should be considered as a structured technical group for preventive action through public calls on the electronic site to be created and referred to above.
There is no need to make public-private partnerships and incentives to the creators of productive processes greater incentives, because the Brazilian does not lack genius, lack investment.
For these reasons our future as it is now is dismal, adopting measures like these is clear and transparent, and certainly surplus.
What scares me and still haunts me is the fear of public agents of all spheres and powers of giving in their conduct to people who have serious proposals, innovative and bring new lumens the administrative and financial orientation of the country, now visibly outdated , With proposals that are nothing more than accounting gimmicks without commercial and financial investments that support it, so that, for lack of openness and opportunity, the country and its beloved people, who do not deserve this Picture disgusting and unbelievable.
Brazil, December 10, 2016.

Helio Barreto Heliobsf@oab-sc.org.br