Analecto

18 de novembro de 2019

This is my last post in English.

Filed under: Notícias e política — Tags:, — Yure @ 15:24

Most of my audience is Brazilian and I have written in Portuguese for most of my days online. I really like to write in my native language, it’s much better for me and it’s easier for me to use a tone that isn’t so dry. When writing in English, I always end up being far too formal. That distances me from the audience. And, probably because I learned English in a school setting, I end up being stuffy when writing in English, like, saying the same thing over and over and sometimes producing long paragraphs. That makes my writing boring.

However, when I write in Portuguese, even when I write about age of consent reform, the positive response is much better, the traffic is faster and more consistent and I receive comments on occasion, though likes are more common than comments. Matter of fact, when I write about age of consent reform, in Portuguese, the responses are always neutral to positive. I don’t get comments, but likes are common. My notes about Rivas’ Positive Memories were liked by people who can be regarded as “normies”. That shows that positive feedback on this stuff can be given by regular people, at least here. That’s probably because the moral panic about adult/minor sex is weaker here: the age of consent is 14 and was almost lowered to 12 in 2011, and, provided that the adult is kind and the relationship is watched by the parents, a lot of people would tolerate this kind of relationship, perhaps more than they would tolerate a peer-aged homosexual relationship involving their child. Yes, depending on where you are in Brazil, adult/child sex (or rather, adult/adolescent sex) is better accepted than homosexuality, in a particular case, even though there are general suspicions.

I think that’s because, in the collective unconscious, there’s the belief that something needs to be harmful to be considered a crime. And, in a particular case, it may be the case, that is, parents, knowing the relationship of their child with a trusted adult, only intervene if damage is clear. All that I’m doing is making sure that statistical evidence and, specially, anecdotal evidence gets in the right hands.

So far, posting in English (in this blog) has brought me less results than writing in Portuguese. However, I noticed that the English version of the MAP Starting Guide, ever since it was posted to Ipce, attracts a lot of attention, but only to that text alone. That means that there are more people reading the stuff I have on Ipce than the stuff I have here, when it comes to English language. So, I was thinking of sending my translations to Ipce or other blogs with better exposure and in English language, such as Heretic TOC, Our Love Frontier and things alike, while leaving my blog only with stuff in Portuguese language.

This decision was also taken because, with the current political climate in Brazil, I feel like the age of consent reform must be put aside; there are more pertinent things to take care of. Our forests are burning, our seas are being polluted, people are hating each other over things that are imagined, rather than real, to the point of families being torn apart and lifelong friends no longer talking to each other. Everyone has become either a fascist or a communist, even though neither side knows what both words mean. With social media, people are also becoming more absorbed in their circle of supporters, causing them to no longer tolerate diverging opinions regarding government and institutions, specifically. Let me tell something funny: while none of the stuff about age of consent reform that I posted received any hate at all, the only time I criticized the president over his economic agenda got hate two days after I published the post containing the criticism. If you are in United States, you may probably find it hard to believe. This is a country where the left (whom they call “communists”) can be more hated than adult/minor sex. The left is subjected to blind hate nowadays, while age of consent reform is open for debate at the same time. Quirky, huh?

I sometimes wonder if that’s because the right-wing is having it’s time in Brazil and the right-wing in Brazil is a carbon copy of the worst things in the North-American right-wing. I would not be surprised if it was riddled full with resentful incels. That makes me also question if the first serious attack on the age of consent is going to come from the right-wing, rather than the left. I like to mention that “whether the left wants to legalize adult/minor sex or not, the fact is that the right can not wait”, because most of the adult/minor sex scandals involve people who position themselves at the right: religious authorities, Bolsonaro supporters, people like that. The right is already doing it. One guy who supported Bolsonaro (I forget if he was an army man or a policeman) was public against adult/minor sex and, yet, was arrested for child porn possession. Another, more recent: a music teacher, who is a Bolsonaro supporter, was arrested and convicted of statutory rape (yes, in a place where the age of consent already is 14, people are still willing to go after people who are younger than that).

But, if the right were to do an attack on the age of consent, wouldn’t the left react? I think that, since the left isn’t particularly concerned with sexualization of minors in Brazil, the reaction would be small. Even experts have a hard time talking to laymen in social media, because people with positive childhood sexual experiences, when given the opportunity, are outspoken about it. That causes experts to concede that those experiences can be positive, but are quick to add that they are “exceptional” and have to rely on emotion to make an absolute ban on such relationships acceptable. By the way, the most outspoken people in that regard, in Brazil, are women. Bruce Rind should come down here and study our ladies, cause I’m sure he would get a smaller rate of negative experiences, compared to the same rates in United States. Summed to that, we have the fact that feminists are a vocal minority here. Most women don’t identify as feminists and many despite it. That being said, a reaction against a possible right-wing attempt at lowering the age of consent would be weak, perhaps null. When the left proposed an age of consent reduction from 14 to 12, people were quick to retaliate. But nowadays, in the current climate, anything that comes from the right meets immediate support from fanatics (almost 30% of our population sides with the president no matter what) and would attain some support from more open-minded people. If the right were to do the same thing, today, it would work, perhaps even with some support from the left.

To sum up, I will stop publishing English texts in this blog and stick with my native language only. My English texts will be sent to other places, where they will likely get more exposure. I would prefer to use my blog to talk only to my people, from now on, about diverse topics, rather than sticking only with age of consent reform.

14 de julho de 2019

Isonomy in Brazilian retirement?

Filed under: Notícias e política — Tags:, , — Yure @ 14:32

I have already said that equality between the sexes, at least on isonomic issues, can be solved by changing the text of the laws, excluding the terms “man” and “woman” and substituting with “Brazilian”, “citizen”, “Person” or any term implying inclusion of both sexes. Thus, all rights as well as duties would be shared by both sexes. This is not so difficult: the Brazilian Federal Constitution says that the laws are for both sexes, but under the terms of the Constitution itself . This means that only the Constitution can treat men and women differently, and it does so mainly in two areas: mandatory military enlistment in times of peace and social security rules. Thus, in theory, any other legal distinction between the sexes would be questionable, unless there was an equivalent law for each sex or if different treatment was justified in a particular case. A very interesting article on equality can be found in Jus.com.br.

So I am trying to expand the range of sites I read on the Internet and I have decided to read a text about the minimum retirement age for men. While arguing against unconstitutional laws can work if you are a lawyer, prosecutor or judge, and that is not my case, how could anyone argue against the minimum retirement age for a man, when such rule is in the Constitution itself? In the article of Jus.com.br, we read the definition of equality used by Aristotle: if two people are unequal, you must compensate for the weakness of one so that it is on the same level as the other. For example, if two guys want to climb a wall, but one of them is a dwarf and the other is a giant, I have to give a bigger ladder to the dwarf. Alright, then.

Let us apply that definition from Aristotle to retirement, which, in Brazil, has different rules for men and women: men retire five years later, compared to women. Does it make sense for a guy to retire late if he will not have much time to live after retiring? On average, men die earlier than women. And that’s the point of the article I read earlier: why should men retire later, if they tend to die sooner, compared to women? This should justify a lower retirement age for men. That’s an interesting argument.

Let it be noted that I do not like the Brazilian pension reform as it currently stands, but if we really need a reform, it must be done in a fair way, not only when it comes to men, but also when it comes to the poor, because the so-called pension reform is brutal with poor people, while leaving the rich mostly untouched.

So, yeah, I’m pretty sure most of you knew about this already. But, just in case of someone not knowing, I’m throwing it out there. Unequal treatment must be justified and the inequality of retirement rules is not justifiable, in my modest opinion.

11 de junho de 2018

Annotations on the Statute of Children and Adolescents.

Filed under: Notícias e política, Organizações — Tags:, , , — Yure @ 22:46

The Statute of Children and Adolescents was written in Brazil. Here are some notes on that text.

  1. Children and adolescents deserve full protection (Article 1).
  2. “Child” is someone who is not twelve years old yet, while a teenager is someone between the ages of twelve and eighteen.
  3. The child and the adolescent enjoy the rights inherent to the human person, that is, they have human rights (Article 3), which they can enjoy with dignity and freedom .
  4. The rights of children and adolescents are equal between boys and girls.
  5. The family, the community, society in general and the public power have the duty to ensure, with absolute priority, the access to rights relating to life, health , food, education, sports, leisure, culture, dignity , respect , freedom and family and community coexistence (Article 4).
  6. Discrimination, violence, cruelty and oppression of children and adolescents can not go unpunished (Article 5).
  7. Cruel, degrading treatment or physical punishment are reasons to call the tutelary council.
  8. Vaccination is mandatory if recommended by health authorities.
  9. Again, the child has human rights (Article 15).
  10. The child has the right to opinion and expression (article 16, section II).
  11. The child has the right to respect, that is, to the inviolability of his physical and mental integrity , which includes preserving his autonomy (article 17).
  12. It is the duty of everyone to protect the child and the adolescent from any inhuman, violent, terrifying, vexatious or embarrassing treatment (Article 18).
  13. The child and the adolescent have the right to be cared for without the use of physical punishment or cruel or degrading treatment, such as humiliation, threat or exposure to ridicule (article 18-A, II, a, b, c).
  14. A mother can turn her child over for adoption.
  15. You can not discriminate against your foster child.
  16. Family power is exercised equally by the father and the mother, who, if they disagree, should seek justice to resolve the difference.
  17. “Natural family” is the community formed by one or two persons (the father, the mother or both) and their descendants.
  18. “Substitute family” is the community formed by a person who adopts (or guards) and by one or more people who have been adopted, guarded or protected.
  19. If you are eighteen, you can adopt a child, even if you are single.
  20. If the child has the ability to understand more advanced content (artistic or scientific), he or she has the right to access that content.
  21. If the teenager works, he has the right to study at night.
  22. Parents are required to enroll their children in school.
  23. The educational process must respect the cultural, artistic and historical values ​​of the student’s social context.
  24. As an apprentice, you should still study.
  25. You can be an apprentice and make money.
  26. Everyone should prevent violations of the rights of the child (Article 70).
  27. A child or adolescent may, if authorized by the judge, travel without the parents (but can not stay without parental permission in a hotel or pension, for example).
  28. It is permissible to activate a measure of protection to the child or the adolescent when one of its recognized rights is threatened, even if threatened by the government (article 98).
  29. When applying a protective measure, the action must aim at the best interest of the minor (Article 100, subsection IV).
  30. In addition, the minor must be heard and his opinion taken into account (Article 100, subsection XII).
  31. The age of criminal responsibility in Brazil is eighteen.
  32. The adolescent caught in an infraction has the right to be given a lawyer (article 111, item III).
  33. Every child or adolescent has the right of access to the public prosecutor’s office, the judiciary and public defense (Article 141).
  34. If the minor decides to request these organs, he is entitled to free legal aid if he needs it (Article 141, paragraph 1).
  35. In spite of this, the minor must be represented by his parents, guardians or curators (article 142).
  36. If the interest of the child or adolescent who requests these entities conflicts with the interest of the parents or guardians, the justice will give him / her a curator (article 142, single paragraph).
  37. The judge of childhood and youth may, if it seems correct, grant the minor the capacity to consent to marriage (Article 148, only paragraph, letter c).
  38. A teenager can not be prosecuted unless they get a lawyer for him (article 207).
  39. The law against child pornography (Article 240 and especially 241-A) makes no mention of any relaxation if the person recording the video is the child or adolescent, meaning that it is true that an adolescent may be penalized for sending “nudes “.
  40. The teenager (even if he is 17 years old) has nudes of his partner, he can also be penalized for this (article 241-B).
  41. “Simulations” (photo montage or “any form of visual representation”) are also punishable (Article 241-C, but does this include drawings of children who do not actually exist?).
  42. The government should inform children and adolescents of their rights, in language they understand, through the media.

2 de junho de 2018

Notes on the Brazilian Federal Constitution.

Filed under: Livros, Notícias e política, Organizações — Tags:, , , — Yure @ 23:04

The Federal Constitution was written in the Federative Republic of Brazil. Here are some notes on this text.

  1. The purpose of the constitution is to create a harmonious country.
  2. Its supreme values ​​are freedom, security, well-being, development, equality, the exercise of rights and justice.
  3. The constitution aims for a pluralistic, fraternal country without prejudice .
  4. Controversies must be resolved peacefully.
  5. Political pluralism is guaranteed by the Constitution.
  6. The three powers are independent of each other.
  7. The fundamental objectives of the republic are to build a free, just and solidary society; ensure the country’s development; to eradicate poverty, marginality and social inequality; promote the good of all without prejudice, including age-based prejudices (Article 3, subsection IV).
  8. Self-determination of people should guide our international relations (article 4, subsection III).
  9. Men and women should be equal (Article 5, item I), so if you, man, think you have a legal disadvantage in relation to women, know that their equality should be a constitutional guarantee (albeit limited by the Constitution itself).
  10. As long as it is not illegal, you can do whatever you want (Article 5, paragraph II).
  11. Dehumanization is a crime (Article 5, subsection III).
  12. Freedom of thought (Article 5, subsection IV).
  13. A person can not use religion as an excuse to deny rights, although you also can not use your religion to excuse yourself from penalties for crimes.
  14. Intellectual, artistic or scientific activity must be free from censorship (Article 5, subsection IX).
  15. If someone violates your privacy or private life, you can sue that guy.
  16. Your home can only be invaded in case of illegal activity, disaster or judicial determination.
  17. Access to information is constitutionally guaranteed.
  18. Inheritance is constitutional right.
  19. If there is no law against a particular thing, it is not a crime (this seems to imply that a law can not have retroactive features).
  20. In fact, a brazilian law can not retroact, except to benefit a defendant.
  21. A violation of a fundamental right can not go unpunished.
  22. If you are able to prevent a heinous crime, but have choosen not to, you are also a criminal.
  23. Death penalty (except in case of war) and life imprisonment are unconstitutional.
  24. There are prisons for men, women, adults, minors.
  25. Inmates have the right to physical and moral integrity.
  26. A person can not lose his freedom or his property if the process wasn’t correct (due process).
  27. Evidence obtained by illicit means is not valid.
  28. If you prove that you can not get legal assistance, the state must offer you said assistance for free.
  29. You can receive compensation if the judge made mistakes during your trial or if you got an unfairly long penalty.
  30. Something necessary to the exercise of citizenship should be offered free of charge.
  31. You have the right to education, health, food, work, housing, transportation, leisure, security, social security, maternity and child protection, and assistance when you are helpless.
  32. You earn more by working at night.
  33. Normally, you can only work eight hours a day, forty-four hours a week at most.
  34. The labor market of women is protected by the constitution.
  35. It is forbidden to work before the age of sixteen (unless you are an apprentice, then it’s fourteen).
  36. Voting is mandatory for all those who are literate and are between the ages of eighteen and seventy.
  37. Unless you are conscripted into military service or foreign … or you are not yet sixteen, then you can not vote.
  38. There is a minimum age for each political position, with the youngest being eighteen years for a councilor.
  39. You can not be have a political position if you are illiterate.
  40. A Brazilian political party can not be subordinate to other countries and can not receive funds from other countries.
  41. The indigenous territories also belong to the union.
  42. It is the union who declares war.
  43. Nuclear activity needs government authorization and its use for war purposes is unconstitutional.
  44. Nuclear damage always entails accountability, even if no one is to blame.
  45. Legislating on the protection of children and youth is the competence of the union (article 24, subsection XV).
  46. The number of councilors in a municipality is proportional to the number of inhabitants.
  47. The municipality can not spend more than five percent of its revenue with councilmen.
  48. Violation of human rights is a reason for federal intervention (article 34, section VII).
  49. Not investing enough in education or health is also a reason for federal intervention in a municipality.
  50. You can only enter a public position per contest (a test to see if you are fit to the position), which is proportional to the complexity of the intended position.
  51. A public contest expires two years after completion, unless expiration date is extended to four years.
  52. You can retire for permanent disability, compulsion (you can not work in public service if you are older than seventy-five years) or voluntarily (minimum of ten years of effective exercise in the public service and five years in the effective position).
  53. A man can not voluntarily retire before age sixty and the woman can not voluntarily retire before the age of fifty-five (why the difference?).
  54. Except in case you are disabled, if you work on something very risky or if you work in something that damages your health; in these cases, the retirement requirements may be different.
  55. An effective state official may only lose his job if justice so decides (for example, if he receives exoneration as a punishment for a crime), if he loses in an administrative cause or if he is not doing his job.
  56. But you can get your job back if justice decides that your firing is illegal.
  57. If an civil servant position ceases to exist, the employee will wait until he is useful in another area.
  58. The national congress is our chamber of deputies (lower house) and our federal senate, which exercise legislative power.
  59. The senator’s term lasts eight years.
  60. The president can not declare war without congressional authorization.
  61. They are also responsible for authorizing or denying the president’s absence if he wishes to leave the country for more than fifteen days.
  62. The congress can authorize referendum and plebiscite.
  63. Only the Chamber of Deputies can start prosecution against the President.
  64. But, after the prosecution starts, it is the senate who judges.
  65. If a law is declared unconstitutional, the Senate must suspend completely or partly (Article 52, subsection X).
  66. A deputy or senator can not be prosecuted for his thinking, for his words or for his votes (in fact, it was you who put him there, so it’s your fault).
  67. A deputy or senator who breaks the parliamentary decorum loses the position.
  68. He also loses the position if he isn’t present in one-third of the meetings where he is required, if he fails to justify those absences properly.
  69. He also loses his term if he loses political rights (permanently or not).
  70. The constitution can not be changed while there is federal intervention in progress (ie, while the army is there, in Rio, it is not possible to change the social security rule).
  71. Turning Brazil into a monarchy is unconstitutional.
  72. Citizens may suggest a bill if they have signatures of at least one percent of the national electorate, distributed by at least five states, with not less than three tenths percent of the voters in each of them (or you can give legislative idea on the Federal Senate’s website).
  73. An provisional measure (decree issued by president alone) has the force of law, but can only be issued if it is urgent (the Novo Ensino Médio is not urgent).
  74. Blank votes are not counted in presidential elections.
  75. If a tie occurs in the second round, the oldest candidate wins.
  76. The president commits a crime of responsibility (making him subject to impeachment procedure) if he does something against:
    1. the existence of the union;
    2. the freedom of other powers, of the public ministry or constitutional powers;
    3. the exercise of rights;
    4. the internal security of the country;
    5. administrative probity;
    6. the budget law;
    7. compliance with the law or the decisions of justice.
  77. If the president is charged with a crime of responsibility, he is tried by the senate and not by the supreme federal court.
  78. The judge can not devote himself to political activity!
  79. Declaring the unconstitutionality of a law requires an absolute majority of the members of the court.
  80. Whoever decides whether a law is unconstitutional is the supreme federal court.
  81. It is not anyone who can initiate a process of unconstitutionality.
  82. When there is a strike in essential service, like some transportation sectors, labor justice is the one in charge of solving the issue.
  83. Military can not go on strike.
  84. Women are exempt from compulsory military service in times of peace (why only women?).
  85. You can not use your economic power to monopolize a market.
  86. But if you are the union, you can monopolize oil and natural gas reserves, and without having to exercise economic power for this.
  87. The union may expropriate land for agrarian reform purposes, except small and medium-sized rural estates (provided the landowner has no other land) and productive properties.
  88. Health is everyone’s right and one of state’s duty.
  89. Decentralization, and integral care aimed at prevention and community participation are guidelines of the public health system.
  90. The state can not fund privately owned, for-profit private health institutions.
  91. It is a crime to market human organs or human blood.
  92. Why can a woman retire at sixty with thirty years of contribution, and a man can only retire at sixty-five with thirty-five years of contribution?
  93. Education is the right of all, but a duty of the state and the family, that is, the family also has a duty to educate.
  94. The objective of education is the development of the person, his preparation for the exercise of citizenship and his qualification for work.
  95. Research, teaching and extension can not be separated in university.
  96. Religious teaching at school is optional: the student may guiltlessly skip that class.
  97. The municipalities will invest in primary education.
  98. The states will invest in primary and secondary education.
  99. Twenty-five percent of state or county tax collection should be applied in education.
  100. Government should encourage research and science.
  101. Our freedom of thought and expression is guaranteed in Article 220.
  102. In marriage, a man and a woman have the same rights and duties.
  103. It is the State’s duty to ensure that children and adolescents have the right to health, education, leisure, dignity, respect, freedom, among others (Article 227).
  104. It is also the responsibility of the state to protect them from neglect, discrimination , violence, oppression , among others (article 227).
  105. Measures limiting freedom must take into account the child and juvenile condition of a person in development (Article 227, paragraph 3, point V).
  106. Older parents have the right to be protected by their adult children.
  107. The supreme court has a duty to comply with the constitution.
  108. In 1993, the population participated in a plebiscite to know if they wanted Brazil to be a republic or a constitutional monarchy, and whether the system of government would be parliamentary or presidential.
  109. Ideally, every citizen should have a printed copy of the constitution.

17 de março de 2018

What if Brazil followed that trend?

Filed under: Notícias e política — Tags:, — Yure @ 11:40

So, as you kids have read, the author of Rurouni Kenshin was caught with child porn recently, but possession of child porn is punished with a fine in Japan. So, he is still free, but had to pay around 2000 dollars to the police. I talked to others about that issue and it seems like, in Japan, you are only arrested for violent crimes. That made me think of Brazilian prison population. Imagine if Brazil followed that trend. While the Brazilian government wastes money keeping people in jail, often for small offenses, the Japanese government earns money by fining those who commit the same offenses. What would be the practical consequences of that, if it was adopted in Brazil?

First, organized crime would lose numbers. There are people who are forced to join the Red Command or the First Capital Command while they are serving time in jail. Less dangerous offenders are given the choice of joining them to die horribly later or dying immediately in criminal hands if they refuse both. Reducing the prison population, that wouldn’t happen, specially considering that both factions are in open war against each other. With less people in jail, their operations would be harder, those guys would be easier to monitor, rebellions and massacres would be less bloody and they would end up destroying each other in the long run anyway.

Second, taxes would be softer on the law-abiding citizen. If all those people who were arrested for non-violent crimes became extra tax payers? I don’t know if Brazil is as broke as they say it is, but fining those guys rather than arresting them would be a great way to earn tax revenue. Of course, we are speaking about non-violent crimes, not murder or rape (and I mean “real rape”, in the sense of forced penetration, not whatever else people call “rape” nowadays).

And that culminates in the main point: we wouldn’t only alleviate state expenses, but also rise tax revenue with that. But how to implement that?

My idea is that fines are paid in wage percentages. In the case of child porn, for example, the mere possession of the file could be punished by taking 12% of a person’s wage for, say, four years (of course, that’s just an example, I don’t think possession of child porn is such a big deal to be punished so harshly, as possession of murder footage isn’t a criminal offense, despite murder being a much more serious crime, compared to nudes that kids share with each other). Wage percentages are useful because, that way, people who earn more would pay more, while poor people wouldn’t be required to pay amounts that they do not have. Plus, a rich person supposedly has less needs and better education, so it’s unlikely that they committed the offense because they “needed” it, unlike a poor person who steals food to not starve (in that case, I think it’s state’s fault, so the person isn’t supposed to be punished if state fails to provide basic survival conditions). A person who can not pay the amount goes to jail and serves there for X – Y years, where X is how long he was supposed to pay the wage percentage and Y is how long he has managed to pay (if I had to pay for four years and managed to pay only two, then I’m arrested for two years, which is 4 – 2). Plus, if the wage percentage exceeds 50%, I can apply to be willingly arrested. After all, in jail, I won’t starve and maybe I would even be safer, if the prison population goes under control. In times of economic crisis, the crisis could be softened by adjusting the wage percentages in the penal code (which wouldn’t affect time and percentages of those who were convicted before the adjustment), reducing the need of imposing more taxes on law-abiding citizens.

What do you think? Would be a good idea, in the end? I’m pretty bad at politics, so maybe I said something stupid. If I did, correct me, please.

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