Eugênio Aragão

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The awareness of illegality

It can be said that there is a certain civilizing consensus of the process which is to do justice in the specific case. This was completely forgotten by the prosecutors of the “Republic of Curitiba”

Eugênio Aragão

It is not for the judge to say whether that individual is good or bad, if he is a scoundrel, good people and is being wronged. It is not worth saying this, this moral judgment is not the task of a bureaucrat, because, for this bureaucrat it is very difficult to know, because against factual, if in place of that other, would have acted differently.

You have to see the person under your circumstances, “I would have been different.” If you’re religious, you’ll say, “I haven’t been put to that test, whoever judges me is up there, he knows. Here you have no competence to judge whoever you are.”

The American Robert Jackson, accuser of the Nuremberg Court, began his libel, right at the beginning of the trial, with the following words: 

[…] We must never forget that we will be measured by history tomorrow, to the same extent as we measure the accused. Passing on to these defendants a poisoned chalice means putting this chalice on our own lips. We need to do our duty with so much inner superiority and spiritual incorruptibility that this process must be for the later world a fulfillment of human feeling for justice […]. 

These phrases concern exactly what? The difficulty of doing justice, an extremely complex task, because it is about judging other people. When in the Public Prosecutor’s Office (MP) with a process ahead, one does not judge the person, the accused, but his acts, in order to seek to subsume his conduct to a legal hypothesis, only. 

Doing justice in the specific case 

It can be said that there is a certain civilizing consensus of the process which is to do justice in the specific case. This was completely forgotten by the prosecutors of the “Republic of Curitiba”. They thought they were going to put a poisoned chalice on Lula and that this chalice would not return to them. It is that complete attitude of lack of empathy, inability not to limit his conduct, because he would not want someone else to treat him like that. The attorneys washjatistas treat the other so that they would not like to be treated, in total disdain for the rest. There is no concern to do justice, it has no kind of reflexivity.

But how to justify such behavior of people with a high degree of education? Because these attorneys lava jato have high degree of education, are a privileged caste in bureaucracy, made contest of the most difficult, it is okay that contest does not measures anyone’s degree of character, measures only knowledge, instant, because it is a contest that takes place in a week. And in a week, you don’t get anything about the person, except what you’re capable of throwing up in response to the questions asked.

The state agents of the justice system are people who are part of a certain elite, read a lot, study and go to the best schools, exactly by attending the best schools passed in these contests. Above all, after the redemocratization and strengthening of state careers, it is “concurseiros” who usually have parents who can pay the expenses for their children to dedicate themselves exclusively to the leisure of studying, because as the Hellens said, the school is idle in the Greek alphabet. So to study, you need idleness, free time to think, which comes from Ancient Greece.

These people have plenty of idleness, besides the greater responsibility, because no one can say among them, “Oh I didn’t know!”. They know, they have perfect conditions to acquire what criminal law appoints awareness of illegality, they know that what they are doing is wrong, they know.