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Video tags
Subtitles
Russian
00:00:00
[Music]00:00:07
Hello, dear professor Adrianivalt,00:00:10
arriving with questions here from the00:00:12
CESPE panel on the topic of individual rights and guarantees, that00:00:15
is, those rights in the00:00:17
fifth article of the federal constitution,00:00:19
let's go, take a look here, hey, let's00:00:22
review00:00:24
according to the federal constitutional text,00:00:27
look, there will be no penalty What00:00:31
basic question do00:00:32
we have to know which00:00:35
penalties are permitted and which penalties are00:00:37
prohibited in the Constitution? You already know this00:00:40
by heart, you know, right?00:00:47
Constitution first00:00:49
death penalty But remember that there is an00:00:52
exception, right, what is the exception in case of00:00:55
declared war remember that war is00:00:58
declared by whoever declares war00:01:00
here the war declared by the president00:01:04
of the republic00:01:05
after authorization from the national congress00:01:10
So I ask you so can you having the00:01:13
death penalty in Brazil there is a death penalty00:01:16
better said in Brazil yes but in a00:01:19
single circumstance a single situation00:01:21
which is in the case of war declared for00:01:24
a little longer Would it be00:01:26
possible to draft an Amendment to the00:01:30
constitution or even a law00:01:32
establishing other hypotheses of the00:01:35
death penalty, see that we have a00:01:37
congress there, right? It says, let's make a00:01:39
bill about that, that's the00:01:41
other one. Would it be possible to have a00:01:43
bill to establish a hypothesis of the00:01:46
death penalty, I don't know, the death penalty in00:01:49
case of heinous crimes00:01:51
or a Constitutional Amendment saying Ah, the00:01:53
death penalty would be possible except in the00:01:56
case of declared war and00:01:58
heinous crimes would it be possible at least so far based00:02:02
on the interpretation given00:02:04
in the Constitution, not that because the rule00:02:07
is prohibition, so it cannot be punished of00:02:09
death and a single exception in the case of00:02:11
declared war, so it would not be possible00:02:14
to implement other hypotheses of00:02:17
death penalty Not even through a00:02:20
constitutional amendment, ok very well,00:02:23
of a Perpetual nature, there are no00:02:27
perpetual sentences in Brazil for00:02:29
forced labor, which is work forced00:02:33
labor forced labor is not imprisoned work00:02:35
in taking care of that price work I00:02:38
think it's a jewel because what00:02:41
my mother doesn't even say is empty head Gramunhão's devil's workshop00:02:44
is it or isn't it the guy is there00:02:48
no longer has a very good head in prison and00:02:50
what remains without working without doing00:02:52
anything imagine the devil here oh00:02:55
bad thing bad thing so The idea is00:02:58
that the guy really works and that's why there has00:03:00
to be incentives for work and00:03:02
everything else now what forced labor can't do is00:03:05
not Teté gives00:03:08
forced labor forced labor doesn't mean forced labor is that00:03:10
it is unworthy work or even that the00:03:13
state forces the comrade to work for00:03:15
example00:03:16
the price doesn't want to work then what do I do00:03:19
Oh you won't give me a whip here00:03:22
error you will work you can't or even00:03:26
work that serves00:03:27
absolutely nothing, for example, you will00:03:29
work breaking a stone there, but00:03:31
for those who break that piece just to break it00:03:32
to break that stone, you will00:03:34
take it from here, you will put it there, you00:03:36
will put it here, you understand, this00:03:37
cannot be done, so work Forced work is that it is00:03:40
unworthy work that does not have00:03:42
any type of consideration here for00:03:45
the individual is carrying out this00:03:46
work and even though it forces him to do00:03:49
that activity, he cannot now00:03:51
work in prison.00:03:58
in the ear it's a penalty of banning what a00:04:01
ban is00:04:03
is the expulsion00:04:07
of Brazilians00:04:10
we can expel Brazilians Of course00:04:13
not we can00:04:15
extradite naturalized Brazilians00:04:18
expelling not expelling is kicking like00:04:22
about not00:04:24
expelling we expel foreigners00:04:27
expelling Brazilians don't remember that00:04:30
Brazilians It's a son, we00:04:31
kick out our son, we cry. My Father00:04:34
kicked me out of the house, sad, sad,00:04:40
that's for sure, you should deal with this in00:04:42
therapy00:04:43
because what we don't kick out, son,00:04:46
Ah, but he's a stray, I don't know what he's doing, but he does00:04:49
n't kick him out, we get pissed off.00:04:53
We get angry, we curse, but to00:04:55
expel a child if we don't expel it would be a00:04:58
penalty for banishment. Brazil doesn't expel a00:05:01
child.00:05:16
son and think like this, expulsion means getting out of00:05:20
here,00:05:21
getting out of here, only00:05:24
foreigners, I'm from here, son, that's not it, that's why00:05:26
banishment, not00:05:29
cruel penalties,00:05:31
of course, right, people just00:05:33
think, Brazil is that mother, that00:05:37
father00:05:39
who has a type like that of00:05:41
modern education, not that traditional education,00:05:44
you know, so we're going to educate like00:05:47
talking, you know, with00:05:51
positive reinforcement techniques, you know, we put it there00:05:55
in the Corner of Thought, which has some00:05:57
techniques that we can't do anymore, right, but that's00:05:59
something, daddy, the state doesn't put it there in the00:06:01
Corner of thought that the chain is00:06:02
now ripping off the hide, right,00:06:06
barbecue,00:06:08
there are countries that have been doing it for a while, there are parents that have00:06:11
done it too, right, Brazil, no, Brazil, put it00:06:13
in the corner of thought, it's a00:06:15
cruel deal, it's not even because logically,00:06:19
right, here we are enshrining the00:06:21
principles of humanity principles of00:06:24
humanitarian character will punish, come on, bro,00:06:27
you have to stop the criminal, right, do it00:06:29
differently, okay?00:06:31
So these are the prohibited penalties, he just00:06:35
talked about Supernanny, man, look, if you go00:06:38
see Supernanny, nowadays, guys, they screwed us, sorry, right,00:06:40
she was a bit00:06:42
Brabona, right, we thought that at most it was00:06:45
only permitted by the permitted00:06:48
deprivation restriction of freedom00:06:50
[Music]00:06:53
that you could lose some assets then a fine00:06:56
social benefit alternative paint some00:06:58
walls then do some business suspension00:07:01
interdiction of rights remember that00:07:04
the hobby prohibited penalties is a list ok00:07:07
finding,00:07:09
while the only permitted Rode is00:07:13
an00:07:14
exemplary list So these are the00:07:17
permitted penalties But there may be others,00:07:21
okay, you want to give a print00:07:28
according to the constitutional text there00:07:30
will be no polishing penalty00:07:33
this one has this one has this one has this one00:07:38
tick the option that contemplates the00:07:41
understanding STF of the STJ about the00:07:43
inviolability of the home, let's go to00:07:47
our test, I Adriane sincerely00:07:49
believe that if jurisprudence comes,00:07:52
jurisprudence comes from the Federal Supreme Court,00:07:54
professor Sérgio, that00:07:55
jurisprudence from the STJ will come, not in Constitutional Law,00:07:58
not in00:07:59
Constitutional Law, maybe in other matters00:08:02
I might even come up with something from the STJ, not in00:08:05
Constitutional Law, but for If one00:08:08
goes, God forbid, I took up this00:08:10
question, which is from a very good position, right, but00:08:14
I created a cool position for us00:08:16
to take advantage of and already review some little00:08:18
things that are never too much like that, for00:08:20
one, God, the free and when it00:08:22
comes to home inviolability of this00:08:25
constitutional guarantee we have a lot of00:08:27
jurisprudence from the STF And we also have00:08:29
a lot of jurisprudence from the STJ so that's why00:08:32
I brought this issue00:08:33
especially here so that we can00:08:34
review these two positions,00:08:37
so the survival of the home is00:08:40
just the police agent's intuition00:08:43
regarding the occurrence of00:08:45
drug trafficking authorizes entry into the00:08:47
suspect's residence without a00:08:50
court order or the resident's consent.00:08:54
And then remember the home infelicability,00:08:58
I'll just quickly review00:09:00
the house is an asylum Inviolable of the individual,00:09:03
no one can enter it without00:09:06
consent of the resident, so for00:09:09
us to enter someone's house, how do you00:09:13
ask for consent,00:09:18
consent00:09:20
when I'm talking about consent, it's really00:09:22
authorization, right?00:09:44
resident00:09:46
in the case of a00:09:54
flagrant crime in the case of a00:09:58
disaster00:10:03
to provide assistance00:10:08
or even by court order,00:10:13
remember that in the case of a court order00:10:16
entry can only happen during the day00:10:19
and in our class we will bring the00:10:21
doctrine of what it is day, what is night,00:10:24
the House Council's relativizations, all of00:10:26
this we see on the course, okay, I'll00:10:29
ask in these other cases, you can only00:10:32
enter during the day, not in these00:10:35
other situations, entry can occur00:10:38
at any time of the day or night00:10:43
So if the conscious resident can00:10:46
knock on your friend's house at three in the morning and00:10:48
he will open the door, it's valid, so00:10:51
if the conscious resident has00:10:52
no problem without blatant consent, but00:10:56
help at any time of the day at night00:10:58
because generally the crime is going on,00:11:01
what in the early morning disaster Help these00:11:05
things now when a judge orders entry00:11:08
then entry can only be during the00:11:11
day now let's imagine the issue of00:11:15
police action When can the police00:11:17
enter a situation of flagrant00:11:20
crime when he is faced with a00:11:22
situation of flagrant crime or when there are well-00:11:29
founded00:11:32
reasons00:11:36
that allow the police authority to00:11:39
conclude that there is a flagrant situation inside the house,00:11:42
see that well-founded00:11:45
reasons are not intuition, they are not Faro,00:11:49
police, right, there are police officers like that,00:11:50
there are people like00:11:53
that, I smell the cream,00:11:56
there the police are there, patrolling like that.00:12:00
I don't know what and looks at the other person and says something00:12:02
like this00:12:03
You know, that house over there I saw is a little00:12:06
weird, huh, it's a little weird,00:12:11
it looks like a smokey mouth, a smokey mouth, look at00:12:15
the people who came in looking a bit slumped,00:12:18
they left a bit awkward,00:12:20
pass some big cars Then pull over here because00:12:24
these big cars are doing it here, ah, the00:12:27
car passes by, the car is already leaving, then the smoke vent then00:12:30
I can feel that peculiar smell passing by, you00:12:33
can know it's inside, intuition,00:12:37
no one is sure of anything, so mine,00:12:39
for the police, don't fool me, you00:12:42
can't. So, mere intuition, guesswork, right?00:12:47
From my experience it doesn't work here,00:12:50
the case law on the00:12:54
Federal Court must have established the00:12:56
reasons, eventually an investigation is already00:12:58
taking place with identified people,00:13:01
imagine there is a whole police team there00:13:04
that is investigating the00:13:07
formation of a I don't know, a00:13:09
drug cartel, I don't know, it's a Pablo00:13:11
Escobar kind of thing, right? There's already identified00:13:15
So-and-so, here comes So-and-so, coming in, going00:13:16
out, got it? Yes, you have a good00:13:19
reason, that's not00:13:21
the smell of crime, hmm,00:13:25
boy, you'll respond with peace later, huh?00:13:29
mere intuition authorizes it does not00:13:32
authorize the absence of a judicial warrant00:13:36
invalidates the search and seizure in an00:13:38
uninhabited apartment and this is where the STJ comes in. This is where the00:13:44
STJ's interpretation for the STJ comes in.00:13:56
If you want to write this down00:13:59
if in case of doubt in How is the00:14:02
suspect the proof of illegality of the00:14:04
consent for police entry into00:14:07
your residence00:14:09
here in the time that dramatize here we00:14:12
have to dramatize let's imagine that00:14:15
you are at home you are at home00:14:17
there The police arrive and say,00:14:21
good evening, good evening, I wanted to come in and I did00:14:24
n't receive a report00:14:26
that something is going on inside your house,00:14:28
can I come in and then00:14:31
you say, Of course, the police can00:14:33
come in and the policeman comes in when he00:14:36
comes in. You are entering with00:14:38
consent, right, so this could be at00:14:41
any time of the day, but let's00:14:44
imagine that in this situation, things didn't00:14:47
happen like that, the police knocked there00:14:51
and already arrived, putting their boots in.00:14:56
I'm not authorizing it, but the police have already00:14:59
left. All that commotion started00:15:02
and then it gets there, for example in a00:15:05
judicial process, I'm going to imagine that the00:15:08
police enter without your consent, they00:15:10
hadn't found out the reasons for00:15:13
being caught but they find the00:15:15
illicit business inside the house, that's it, it goes to00:15:18
the process that's going to happen if the00:15:21
lawyer will say at the time, look, he entered00:15:22
without authorization and the police officer will say what00:15:25
No, I00:15:28
never had authorization, if I got there and00:15:33
she said, you can come in, see that in this00:15:36
case there is a doubt,00:15:38
one is saying that he received a doctorate or is he00:15:42
saying that he did not authorize it? in this case of00:15:45
doubt And this is where the question comes in. Where can the00:15:49
suspect prove the legality of the00:15:52
consent? Is it the suspect who has to00:15:55
prove that he did not authorize it or is it the00:16:01
state that has to prove that there was00:16:04
authorization? That's why there is a00:16:07
big debate today about the issue of00:16:10
police officers using cameras,00:16:12
the camera is precisely what it should be used for,00:16:15
so that the police authority00:16:18
has security to enter, so when00:16:21
the criminal gets there, he says, he can come in, and00:16:24
then he goes in and says he didn't say that00:16:25
I could get in00:16:26
there, how is the evidence, you know,00:16:28
so if it's filmed there and the guy00:16:31
authorized tractors to enter, this00:16:33
also serves to avoid Pezão00:16:36
at the door for nothing, right, Faro, the police and00:16:39
possible abuses here, ok, that's what it's for,00:16:42
then. In case of doubt,00:16:45
of course, I also understand that it could00:16:47
be a difficulty for the police function,00:16:48
right, but this is the business theory, so00:16:52
in case of doubt, how do I suspect the00:16:55
proof of legality of consent not00:17:00
authority00:17:02
letter D Forced entry into a residence00:17:05
when not justified subject to00:17:08
police officers disciplinary responsibility00:17:11
if I saw it criminal, that's what happened here, they00:17:14
also entered situations in which police officers could not00:17:17
enter, they could be held00:17:19
responsible,00:17:23
the entry of police officers without00:17:26
judicial authorization and without the consent of the guest00:17:29
in a hotel room, even if there are00:17:32
reasons that demonstrate the occurrence of a00:17:35
flagrant event, no, right, there will be a list,00:17:37
remember that the hotel room is equivalent to a00:17:40
house for inviolability purposes. So if00:17:43
there are well-founded reasons, as he is00:17:45
saying, there are reasons that show the00:17:48
flagrant occurrence, you can come in,00:17:50
gentlemen, okay,00:17:52
so00:17:54
the answer is left to the letter D of God00:17:58
with us, the freedom guaranteed in the caput00:18:02
of the fifth article of the constitution must00:18:04
be taken in its most generic meaning,00:18:08
falling within this normative breadth00:18:10
or right, so let's go letter A to the00:18:13
exercise of religious worship of a00:18:16
collective in-person nature, saved in cases of00:18:19
adoption by the public power of00:18:22
restrictive measures to contain the spread of the00:18:25
health pandemic Look, this is a00:18:27
question in the basket demanding jurisprudence00:18:29
from the Federal Supreme Court during the00:18:31
pandemic So you must remember a00:18:34
controversy that took place during the pandemic as to whether it00:18:37
was possible to restrict freedom of00:18:39
worship during the pandemic as the00:18:42
health measure, the collective worship of several00:18:45
people00:18:46
and the Federal Supreme Court understood00:18:48
that in a pandemic situation,00:18:52
public health would be in a position of00:18:55
overprotection in relation to00:18:57
religious freedom, so in a serious situation such as00:19:00
a pandemic situation,00:19:03
religious freedom could be relativized,00:19:05
it could be restricted for the benefit of00:19:09
public health, remember that there are no00:19:11
absolute fundamental rights, this is not00:19:13
true and that they can be00:19:15
relativized, limited even by00:19:18
court order and that is what the STF did.00:19:20
He looked at one side of public health on the00:19:23
other, religious freedom, two00:19:25
rights fundamental in a non-00:19:27
pandemic situation of non-pandemic00:19:30
religious freedom in a pandemic situation, if00:19:33
there are sanitary measures, it is possible to00:19:36
restrict this Freedom00:19:38
Ok, so that's why it's already here, right, so00:19:41
the freedom to00:19:43
exercise religious worship has started to be safe, but it00:19:45
may suffer restrictions during the advance00:19:48
for example, sanitary measures00:19:50
during the pandemic,00:19:55
the union association for00:19:57
civil and military public servants, in accordance with the Law,00:20:01
remembers that the military is prohibited from00:20:06
unionizing and strikes, so the military00:20:09
can join the union, the non-military can00:20:13
organize itself in an Association Association of00:20:15
military police officers of the State of Paraná,00:20:17
but if the military police union00:20:20
can't be there, then the military can00:20:24
join general associations, but not.00:20:25
Trade union association00:20:28
Trade union union. So what's the mistake00:20:30
here?00:20:35
and not by military00:20:39
letter c the manifestation of standards of00:20:43
ethical or moral valuation00:20:45
regardless of whether it constitutes00:20:47
discrimination or hostility,00:20:50
so when the condition talks about00:20:52
freedom it is saying that there is00:20:55
freedom for you to manifest standards of00:20:58
ethical or moral valuation as it says00:21:00
there in the statement in the question Of course00:21:03
yes, then I can, when exercising my00:21:06
freedom of pressure, say what I00:21:08
understand as right, as correct, as00:21:11
fair, as unfair, as ethical or as00:21:14
unethical, but within the exercise of00:21:17
my freedom I am not authorized00:21:20
to do there the final part is to incite00:21:25
discrimination and hostility because00:21:27
you must remember from our class00:21:30
that the course does not protect the so-called00:21:33
hate speech, what is00:21:37
hate speech, is that00:21:39
practically criminal manifestation that propagates00:21:43
discrimination, prejudice among00:21:47
people who reduce restrictions on00:21:50
fundamental rights, see that hate speech00:21:54
cannot be confused with00:21:56
merely prejudiced speech,00:21:58
bad speech, you know, today there is also a certain00:22:01
confusion in the concept of hate speech,00:22:03
a certain person said something00:22:05
that I didn't like or that it goes against00:22:08
my thinking, hate speech, the00:22:11
other says the thing, that goes00:22:14
anywhere in this country, he said the00:22:16
thing that I didn't like, discard it,00:22:18
but that's not exactly how things00:22:20
work, hate speech, that00:22:22
criminal speech, that speech that00:22:26
insists that it propagates violence and the00:22:31
violation of other people's rights, which is why,00:22:32
for example, a00:22:34
Nazi speech is a hate speech Ah, but that's00:22:38
my opinion, but then, right, you're going to00:22:41
propagate that speech inside a00:22:44
Bunker under the ground, you00:22:47
bastard, how are you? who will say that it is the00:22:48
speech, a speech that says that we have to00:22:50
kill others, it is not a speech, it is00:22:53
hate speech, understand that, yes, it is a00:22:56
racist Nazi speech, it really has to00:22:59
end, it has to end, you will say it,00:23:01
but it is my opinion, I00:23:03
give you the opinion in the ear without00:23:07
my opinion that's evil man that00:23:09
's criminal and then there's no opinion in00:23:12
crime was So okay, let's agree00:23:15
here, right now everything is hate speech00:23:18
No, no, not everything is hate speech, okay, let00:23:21
me do one post00:23:23
about this there is one there is00:23:26
a text Norberto Bob who is very good and00:23:28
does exactly that in our class I talk00:23:30
about them specifically so that we00:23:31
can characterize what is or is not00:23:34
hate speech but for our test00:23:36
hate speech is00:23:38
racist speech prejudiced that in some00:23:41
way aimed to eliminate or extinguish the00:23:45
rights of some other group, that's00:23:48
it, that's it very well00:23:52
letter d00:23:54
the participation of00:23:57
indigenous and Afro-Brazilian popular cultures in the00:24:00
National civilizing process as long as it is in00:24:03
accordance with the aspirations of the00:24:05
majority social group00:24:07
Oh Jesus, look at the What are you saying,00:24:10
I can have the right to the participation00:24:13
of indigenous and00:24:16
Afro-Brazilian popular cultures in the perfect national civilizational process?00:24:29
I am as long as this00:24:32
is OK for the majority, no In fact,00:24:36
freedom of expression is in this00:24:37
mess, even the idea of guaranteeing00:24:40
freedom from pressure is even for the00:24:43
person to say things that the majority don't00:24:45
Agree It's just for talking, you can only say00:24:49
what the majority agrees, that's not enough, right?00:24:52
Freedom, depression is as much about saying00:24:53
what the majority agrees as00:24:55
what the minority wants to say,00:24:57
freedom of expression even comes00:24:59
to give a voice here to minority groups00:25:01
Ok, so no wrong ending part00:25:06
Oh, how I like it freedom of00:25:08
expression00:25:09
peaceful assembly without weapons As long as it00:25:12
is communicated by interested parties to the00:25:15
public administration within a minimum period00:25:17
of 30 days before it takes place, there00:25:19
is no such thing, right people, there is no such thing,00:25:22
so we know that the right to00:25:23
assembly is a freedom let carry out00:25:27
peacefully without weapons in a place open to the00:25:31
public does not depend on authorization the00:25:35
constitution says that prior notice must be given00:25:37
but it is not contemptuous or00:25:40
anything,00:25:41
remember that the Federal Supreme Court, when00:25:44
analyzing the extent of prior notice,00:25:46
understood that notice is not a00:25:48
indispensable requirement So, if in some way the00:25:52
public administration became aware of00:25:54
the demonstration, there is no need00:25:57
to have a formal formal notice saying00:25:59
Dear administration, on the day such and such and00:26:02
such we will be doing, there is no longer need for00:26:04
this formal notice, it is enough that some00:26:06
form of administration takes and aware00:26:09
that the meeting will take place so that00:26:11
another meeting already00:26:13
called for the same location is not frustrated and so that00:26:15
the administration itself can provide00:26:17
conditions for the protesters to00:26:20
demonstrate safely, because in00:26:22
defense of the demonstration I can hold a00:26:24
demonstration in a street public,00:26:26
so imagine a right to assembly that00:26:29
is nothing more than a00:26:30
popular demonstration that takes place on an avenue,00:26:34
I don't know, Avenida Paulista, right, in this case you00:26:37
'll have to close the avenue, you'll have to00:26:40
divert traffic, everything else, so what's the00:26:42
purpose of this notice that the STF00:26:44
understood It is that this notice does not need00:26:45
to be formal and solemn, it is enough that some00:26:48
form of administration becomes aware of00:26:50
its completion ok here very well00:26:54
so here is the letter A template for00:26:59
love and not hate00:27:03
next, judge the following items00:27:07
about the rights to the guarantee of00:27:09
fundamental guarantees one is free to00:27:11
express one's thoughts, even00:27:13
anonymously,00:27:18
he wants to speak, oh, put that little face in the00:27:23
game, you know, because there are people who00:27:27
are courageous, courageous, courageous behind00:27:30
Anonymity, she is Wow, behind fake, my00:27:35
God in heaven, he's a brute talker goes to Tete00:27:39
until I tell you, right, the internet social network,00:27:42
it came to show00:27:44
our hypocrisy, it was our00:27:47
hypocrisy because I talk like this, the guy is00:27:49
Macho to talk to, I wanted to see him talk about the00:27:51
guy, guy, he00:27:54
wrote something in the chat,00:27:57
something thinks like this I would say this thing00:27:59
to the person in front of them00:28:02
I would say this thing to their face if I would00:28:06
n't say it to their face don't write it I00:28:08
'm not because somehow the person00:28:10
will read it then it's time and people00:28:12
are like that then I'll say it because my00:28:14
opinion is a00:28:15
rude opinion, right, an00:28:17
opinion is polite, right, but people have00:28:21
this vibe now, you know, if you think you're there00:28:23
anonymous, you can come and leave writing00:28:25
as if no one would read it or be00:28:28
offended.00:28:30
So think like this, I'll write, I'd00:28:33
tell that person to their face, I I'm really00:28:35
cool like that, come and talk to00:28:38
her face, sign up00:28:41
if not, shut up, shut up for00:28:47
this matter, talk like that, want to talk, want to00:28:50
talk, talk, but, oh, don't hide00:28:54
there, because as they are old00:28:56
Anonymity00:28:58
has a basis for this, of course,00:29:00
there is the degree Anonymity serves to00:29:03
guarantee the right of response because00:29:06
that way, right, we say what we sometimes say00:29:09
because we don't want to, right, so you can00:29:11
speak out, Of course, you must be free to do00:29:13
so, but if you offend someone, if you00:29:16
go beyond that limits of your00:29:18
freedom depression the offended person00:29:20
has the right to respond00:29:23
to say the opposite, but how is she00:29:27
going to respond if she doesn't know who she's00:29:28
talking to00:29:30
or even if you go too far, it's00:29:32
still your freedom, you can be00:29:35
ordered to pay compensation for the00:29:37
material moral damage to the image in this case, how am00:29:40
I going to file a claim00:29:42
for compensation if I don't know who is00:29:43
speaking, hmm, so that's why the condition00:29:46
comes and Veda or Anonymity to guarantee the00:29:49
right to reply and ensure00:29:52
responsibilities, so always be serious00:29:54
like this, freedom of expression in00:29:56
Brazil is a freedom with00:29:58
responsibility, you can say what00:30:01
you want, but you will00:30:04
also bear the consequences of what00:30:06
you say.00:30:09
life, right?00:30:11
At least I was always taught that way, if00:30:13
you say what you want,00:30:15
you might get a response you don't00:30:17
want, right? Freedom with00:30:19
responsibility, very well.00:30:22
So this is wrong, intimacy,00:30:25
private life, honoring people's image, they are00:30:28
inviolable and eventual An attack on these00:30:31
rights allows one to seek00:30:33
compensation for the material moral damage00:30:34
resulting from their violation, that's it right here00:30:37
So, see,00:30:39
private life, intimacy,00:30:42
honor, image of people, is inviolable. Of course, yes,00:30:45
see that the condition takes care00:30:47
to protect what is00:30:49
what we call00:30:52
personality rights are very expensive. So our intimacy,00:30:55
our private life, I don't care that00:30:57
people can go around invading, it's not00:30:59
because it can hurt us very00:31:01
deeply, it's not true, it's still00:31:03
our honor, our image, people go around00:31:06
cursing, destroying our image of people00:31:08
in times of social networks and00:31:11
digital media people the daily reality00:31:13
cancellation of the internet00:31:16
the person will cancel what that is what that00:31:19
is00:31:22
but that is how it is and this cancellation00:31:24
often comes from false information from00:31:28
fake news or someone there Angrily,00:31:30
propaganda came out there, video, I don't know what,00:31:33
sometimes out of context and00:31:35
people start concluding by going further00:31:37
and getting involved without even knowing what00:31:39
actually happened in that situation and00:31:42
this has generated repercussions in various00:31:43
ways, so intimacy, life private00:31:46
honor the image of people must00:31:48
be protected if they are violated00:31:51
the person who can make a claim for00:31:53
compensation for both moral and00:31:56
material damage00:32:00
everyone has the right to receive information00:32:02
of their particular interest from00:32:06
public bodies as well as information of00:32:08
interest general collective, requests for00:32:11
access to information must be responded to00:32:13
within the deadline set under penalty of00:32:15
liability of the perfect public agent00:32:18
the exception The General Rule of Transparency00:32:21
is information that secrecy is00:32:23
essential the security of society00:32:25
and the state here more than clear is00:32:30
so everyone has the right to receive00:32:32
information, yes, so I have the right00:32:34
to receive information and the public authorities00:32:37
have a duty to provide information,00:32:39
information of which type is private to00:32:42
me or is of collective or general interest.00:32:45
Is there a deadline to do this due to00:32:47
responsibility, but I ask00:32:50
power public obliged to give me any and00:32:52
all information no sometimes some00:32:55
information can be kept confidential00:32:57
which is essential for the00:33:00
security of the state and society ok00:33:02
here that's why and there are three right and there are00:33:07
four the law will not exclude injury from the provision00:33:09
of the Judiciary threat to the right,00:33:12
unless the matter brought up in this00:33:15
action is pacified in the00:33:17
jurisprudence of the higher courts,00:33:19
such as a binding summary,00:33:21
general repercussion or repetitive appeal,00:33:24
nothing to do with it, so if I have a matter00:33:27
covered by a binding summary, I00:33:29
cannot judiciary, I can, of course, I00:33:31
can. unless I also gain00:33:33
Nothing, heart, but that doesn't remove the00:33:36
assessment of the issue from the scope of the00:33:39
Judiciary, okay, so the law will not exclude it00:33:41
from the assessment of the Judiciary,00:33:43
there is no exception here, oh, so even if00:33:47
the understanding is simulated, even if the00:33:50
understanding is provided for in a00:33:51
binding summary, this does not prevent the00:33:53
judiciary from appreciating that matter,00:33:56
even because the publication of a00:33:58
binding summary does not cause that00:34:00
thought to persist forever00:34:02
because the Federal Supreme Court itself,00:34:04
whoever publishes a binding summary,00:34:06
can even review it. So today,00:34:08
such a thing can be a binding summary, but00:34:10
it's not understood, so that's why there's nothing to do with it,00:34:14
so this wrong thing00:34:16
that happened two and three right and00:34:21
three right template letter c00:34:24
there's one more there's one more according to the00:34:28
Federal Constitution of 88 the people00:34:30
letter They are in principle prohibited from00:34:34
doing everything, look, a00:34:37
regulatory decree in person can allow00:34:40
individual action,00:34:42
so it's clear that it doesn't matter00:34:47
what Coach says. Nobody is obliged to00:34:51
do or stop doing something if00:34:54
not by virtue of law the famous hashtag00:34:58
on sobreadora I am free to do what00:35:02
I want as long as there is no law00:35:06
or order prohibiting that conduct of mine00:35:08
then the idea exactly the opposite00:35:11
everyone is in principle free to00:35:13
do what they want this idea of00:35:16
self-determination of autonomy of will00:35:19
Now if the state understands by law00:35:22
something like this that this freedom00:35:24
can be limited, I will have the00:35:26
limitations Ok but the idea is that00:35:29
everyone is free except when the law says they00:35:31
are not,00:35:33
then the opposite, well they are authorized00:35:36
to do everything since the law00:35:40
is not only authorized to do what00:35:42
is provided for in negative law This is the00:35:46
rule of legality for the state You00:35:48
remember that the principle of legality it00:35:50
unfolds into two types I have00:35:53
legality for me and for you for the00:35:55
particular that we are free to00:35:56
do anything as long as the law does00:35:58
not prohibit me, that's it and I have the00:36:01
legality for the state for00:36:03
public administration which says that the00:36:05
state can only do what the law00:36:07
allows, so for the state that's worth it00:36:09
but not for me for you so for00:36:12
people this is not valid this is valid00:36:14
for public authorities they can only do something00:36:18
when a normative act is legal00:36:19
infra-constitutional no they cannot be00:36:22
forced to do or not do00:36:23
something if it is not a virtue normative00:36:26
legal infra legal no but the00:36:29
legal regulations Yes, yes, right,00:36:30
so the law can, I care about00:36:33
certain behaviors, in fact, that's what00:36:35
the law does all the time, well,00:36:40
we're done, we're done with this block here,00:36:43
then, on CESPE banking issues. I hope00:36:46
you enjoyed it, see you next time,00:36:47
bye bye00:36:48
[Music]Description:
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