by Fabio de Oliveira Ribeiro
Sunday, Sep. 26, 2010 at 9:18 AM
sithan@ig.com.br
And when does the Judge forget the main?
In Brazil the Justice is divided. Half of the Ministers of STF (constitutional tribunal) it decided that a Law that impedes the criminals' candidacy is valid the other half decided that the same Law is disable. Before the case to have the last vote, that it would decide the judgement, the lawsuit lost the object because his author gave up his candidacy.
The Ministers that sustained that the Law is disable sustain that a formality would not have been accomplished during the legislative process. I have been a lawyer for 20 years and I learned only two things on the Right:
1) Sometimes it is necessary to defend the Justice against a valid and unjust Law.
2) Other times it is necessary to defend the Justice of a disable and fair law.
For me the essence of the Right is not in the formality, but in the Justice! In this judgement half of STF it seems to have forgotten the main.