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It is necessary to improve the relationship of Brazilians with the Magna Carta
Main speaker at the 8th ABES Software Conference, held on August 20, 2018, in São Paulo, Dr. Carlos Ayres Britto, lawyer, former president of the Supreme Federal Court and former president of the Superior Electoral Court, spoke about the issue Brazilian legal security, taking into account the conjuncture of changes stimulated by digital transformation and the Constitution.
Emphasizing that the Federal Constitution of 1988 can be considered a lexis magna from the first world, Ayres Britto spoke about the changes inherent to life, which evolves all the time and is based on the impermanent, nowadays quite stimulated by new technologies. In search of protection from these transformations - modifications that follow uncontrolled directions and rhythms. For this reason, people seek security in law, expect a predictable agenda for their actions and reactions, in order to resolve dissent, disputes that are not resolved amicably.
“We want from law what we don't have in life - family, professional, economic security. Security is a conceptual element of what our Constitution calls the Democratic Rule of Law. Democracy is the founding value of Brazilian law, it is the principle of Brazilian principles ”, he explained. "What philosophers call values we, the Law, call principles, among them freedom, security, the dignity of the human person, equality, which are already in the preamble of our country's Constitution".
“To mature, to grow is an integral part of life. The bottom of the well may be quicksand or propeller springs, ”he said, showing that there is an imponderable and surprises. On the other hand, the lawyer recognizes that it is difficult to require virtues or even optimism from those who do not even have the material security associated directly with survival, such as food and a job.
The best of all worlds
According to Ayres, Brazilian capitalism is social and should be characterized by a reality in which “everyone wins when everyone wins”, it has to be as logical as it is fair. He said that, by law, the country has a “social market economy”, which should promote the best of worlds, the most civilized and humanistic possible, in which we would vibrate in a scenario where everyone is doing well. However, the speaker recognizes that Brazil has an “old elitist order, in the pejorative sense, an old reluctant mentality, that does not let go of the bone, where the old man does not take the field team, does not want to practice the philosophy of abundance. In Brazil, it is still gravitated around people and not around institutions ”, he emphasized.
Brazilian constitution and the impersonality of the law
"The more I read the other constitutions, the more I am convinced that the Brazilian is excellent. It is a legal Bible, in which democracy is a political creed. The opposite of democracy is dictatorship and dictatorship is not an option, it is barbarism," he said. . Ayres Britto quoted Ruy Barbosa to show the importance of the impersonality of the law, prioritizing the demands of society and not private interests, and always in a transparent way: "& #39; salvation, yes; but saviors, no & #39 ;, as Ruy Barbosa would say. to the personality, the law must be applied for the good of all, it does not matter who governs, but the way it governs ".
"The Judiciary has to work under intense surveillance by society. Things are happening, we have reached the point of maximizing the collective capacity to be indignant, which is very good. We are moving from indignant to purposeful, things are going on. We need to know plus the Constitution to apply it and bring more and more security ", declared Ayres Britto.
Finally, Ayres Britto emphasized that maximum legal certainty is obtained by applying the lexis maxima and launched an invitation to entrepreneurs, entrepreneurs, scientists, innovators, freelance professionals and everyone present at the conference. “We are going to make this constitution a round table. We will sit around it and look for ways to call it ours, centered on impersonality. We will demand that the government comply with the Constitution and put aside prejudice against it. To demand from the judiciary clarity, consistency and technical reasoning in its decisions ”.
Despite society's criticisms of the judicialization, Ayres points out that the Judiciary, given the ideal balance between the three powers, is always the last to speak out, to give the final opinion to legal doubts.
About the 8th edition of ABES SOFTWARE CONFERENCE
The event was followed by the Seminar "Brazil 2022 - Independence (Digital) or Death (Competitive)?, in which a study was presented that lists priority and suggested public policies for Brazil to achieve its "Digital Independence" as early as 2022, the year that marks the 200th anniversary of Brazil's Independence. Made according to the election year, the document was prepared by Think Tank Brasil 2022, composed of some of the most influential names in the IT sector.
Due to this situation, all presidential candidates were invited to present their plans in the area of digital transformation. The seminar was attended by Henrique Meirelles (MDB), João Amoêdo (Novo), José Maria Eymael (DC) and Kátia Abreu (PDT - vice-president of Ciro Gomes).
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