DR JUDIVAN VIEIRA

EPISODE 14: THE VOTES OF IMPUNITY

Series: Corruption during the pandemic! human lives, what does it matter?

From Brasilia-DF

When a person is honest, the natural consequence is that what he says tends to be received as the truth.

Politicians, strangely, manage to get around this maxim. They live on fallacies, that is, they always lie and, even so, continue to be believed, voted on, and in countless cases idolized by voters.

How does this relate to corruption? It is that corruption, or the act of breaking with the ethics existing in a given justice system, despite being intrinsic to the human being, is conduct, that is, it is a conscious and free action or omission, directed to a specific purpose.

Thus, when a CONSCIOUS person (that is, not crazy) decides to take an action (to do something) or an omission (not to do something); when that same person practices or omits in a FREE way (that is, he was not coerced by a greater force), then we say that he is practicing a CONDUCT according to his FREE WILL. Now, if such conduct causes any kind of harm to someone, what should be the consequence for that offender?

I ask: causes whose consequences are harmful to someone should be attributed to the person who caused them if he was aware that he was doing it and at the time of the action or omission was free to make the decision to do or not do it?

In Brasília, the capital of Brazil, once a family visiting the zoo got careless and a 13-year-old boy fell into the pit of the otters. A Sergeant from Military Police, who saw the fact, jumped into the well and saved the boy, but ended up dying as a result of so many bites he received from the otters.

Recently, Correio Braziliense recounted the facts, but under the bias of corruption. Read below, excerpts from the article published on 02.02.2018, by Otávio Augusto:

“A boy saved from an otter attack in 1977 is the target of an operation by the PF.

A boy rescued from giant otters at the Brasília Zoo became the target of an investigation by the Federal Police. He is suspected of causing a R$ 6 billion breach in the Post Office employees’ pension fund

(…)

Forty years ago, Brasília was shocked by the death of Army Sgt. Silvio Delmar Holenbach, then 33 years old. After three days of agony at the Armed Forces Hospital (HFA), the soldier could not resist the more than 100 bites he took from the otters at the zoo. The animals attacked him as he tried to save the boy Adilson, then 13 years old.

(…)

One of the targets of the Federal Police in the investigation that investigates a breach of R$ 6 billion in the pension fund of Post Office employees is Adilson Florêncio da Costa; the boy rescued at age 13 by sergeant Sílvio Delmar Hollenbach, who, on August 27, 1977, threw himself into the otter tank to save him at the Brasília Zoo.

This is the second time investigators have targeted Adilson. He was arrested in June 2016 for allegedly part of a scheme that diverted R$90 million from Postalis and Petros, the pension funds of employees of Post Office and Petrobras. Adilson is a former chief financial officer of Postalis.

(…)

The boy saved from the otters became an important political interlocutor. Sponsored by PMDB chiefs, Adilson, 54, became the financial director of Postalis. After approving Postalis’ investment in debentures of the bankrupt Galileo Educacional group; sponsoring institution of the University Gama Filho (UGF) and the University Center of the City (UniverCidade), both in Rio de Janeiro; he became the target of investigation.”

Yeah, well! What good would it be to reach out to the otters and reprimand them, handcuff them, take them to prison, submit them to a judge, even though the “judgment of the otters” generated headlines to feed the fattening media with blatant news?

Probably, in the court of the jury, the prosecution would have to ask that group of otters, handcuffed, “downcast”, sitting in the dock: your landladies are aware that your bites were the cause that resulted in the death of sergeant Silvio Delmar Hollenbach?

And, are your otter landladies aware that you were not coerced, that is, forced to try to eat the sergeant, and that you were FREE to decide whether to eat that human being from toe to head, with his voracious bites? Where was your humanity, oh! Hungry and insatiable otters?

Perhaps you are saying that the questions I ask above do not make any sense, since otters are not people, but animals (despite our living in times of human objectification, and humanization of things and animals); since as beings of such lowly reasoning they are not punishable by our human criteria, and that even if they were given life in prison, an electric chair, or were sentenced to die by lethal injection, they would not understand the punishment.

But what about the politicians who have such shrewd reasoning, so keen on cunning, and are the greatest masters of fallacies?

What about politicians who are geniuses in applying ingenious tricks for countless corruption schemes (in Brazil, for instance, every month there are several of them)?

How to justify the impunity of politicians who organize themselves into associations and parties with ingenious strategies, including legal ones, that make the party receive millions and millions of the public funds, from those the other part of which will be diverted from health, schools, housing, the security that we lack when walking in the streets of our cities?

Were the questions long? But, and your reasoning, his willingness to think about them, will also be long, or you don’t even want to do this work.

The schemes of corruption practiced in chambers of Executive, Legislative, and Judiciary power continue to be led by political fallacies and schemes of corruption practiced by conscious and free politicians that and continues to be benefited from the votes of impunity?

To be continued…


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Sobre o autor

Formado em Direito, Pós-graduado em Política e Estratégia pela Associação dos Diplomados da Escola Superior de Guerra (ADESG) e pela Universidade de Brasília (UnB). Concluiu Doutorado em Ciências Jurídicas e Sociais na Universidad Del Museu Social Argentino, Buenos Aires-AR, em 2012 e Pós-Doutorado em Tradição Civilística e Direito Comparado pela Universidade de Roma Tor Vergata. Professor de Hermenêutica Jurídica e Direito Penal nas Faculdades Integradas do Planalto Central e de Direito Penal, Processo Penal e Administrativo em cursos preparatórios para concursos, por 19 anos, em Brasília, Goiânia, Belo Horizonte e Porto Alegre. É Palestrante. Já proferiu palestras na Universidade de Vigo-Espanha e Universidade do Minho, Braga-Portugal, sobre seu livro e, Ciências Sociais "A mulher e sua luta épica contra o machismo". Proferiu palestra na University of Columbia em NYC-US, sobre sua Enciclopédia Corruption in the World, traduzida ao inglês e lançada pela editora AUTHORHOUSE em novembro/2018 nos EUA. É Escritor com mais de 15 livros jurídicos, sociais e literários. Está publicado em 4 idiomas: português, espanhol, inglês e francês. Premiado pelo The International Latino Book Awars-ILBA em 2013 pelo romance de ficção e espionagem “O gestor, o político e o ladrão” e em 2018 mais dois livros: A novela satírica, Sivirino com “I” e o Deus da Pedra do Navio e o livro de autodesenvolvimento “Obstinação – O lema dos que vencem”, com premiação em Los Angeles/EUA. Seu livro de poemas “Rasgos no véu da solidão”, em tradução bilíngue português/francês foi lançado em junho/2018 na França. Eleito em 17/11/2018 para o triênio 2019/2021, Diretor Jurídico do SINDESCRITORES (Sindicato dos Escritores do Distrito Federal), o primeiro e mais antigo Sindicato de Escritores do Brasil.

Judivan J. Vieira
Procurador Federal/Fiscal Federal/Federal Attorney
Escritor/Writer - Awarded/Premiado by ILBA
Palestrante/Speaker/Conferenciante

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