Mr. Rodrigo Felinto Ibarra Epitácio Maia. President of the Federal Chamber of Deputies
I - OBJECTIVES OF TE COURT
The International Criminal Court is the result of a long historical process in which it was sought to punish those responsible for the greatest crimes against humanity, especially in the Nuremberg Tribunal and the UN Ad Hoc Tribunals. The creation of the International Criminal Court was approved by the Rome Statute in 1998 and the court started its work in July 2002. It has jurisdiction over four types of crimes: crimes against humanity, crimes of genocide, war crimes and crimes of aggression. Its main principle is based on complementarity and subsidiarity and it possesses the characteristics of being a permanent and international court. The 18 judges of the International Criminal Court are elected by the General Assembly of the Rome Statute to exercise mandates of nine years without the right to reelection. Penalties are provided for up to 30 years imprisonment, being acceptable in exceptional cases the maximum penalty of life imprisonment.
III – FACTS.
At first, I notify you, that we run out of any juridical resource inside Brazil concerning this report as well as not achieving any success at all in the human resources state bodies as: state bodies as local, regionals or nationals human rights councils and commissions ,public defender, secretary for human resources promotion, state court or the Public Ministry in you state or federal levels.
Current slave work at the OAB exam happens quite often, similar to the historical slavery which many people believe it is not existent, there are clear points in common among forced labour situations and slave-like pratices. The misery is the main way in which people undergo to this kind of absurd work. We realize that globalized slavery also benefits itself from the slowness of the State, which is ineffective in the majority of the countries regarding to the inequality and the impunity of the ones that feed the current system of slavery and do not take steps after to solve the question of unemployment. It is fundamental to fight this terrible violation of the human rights and the compliance of the human rights international treaties so that slavery to be vanished of the future and the social justice wins.
The Ordem dos Advogados do Brasil – OAB, pratices the most cruel MARKET REVERVATION of the world, believe it, by using a PROVISION that’s not even considered to be law.
Thousands of unemployed and poor law graduates are forced to pay to OAB R$ 260,00 (two hundred and sixty reais) to apply in its exam with two steps elaborated by FGV (Fundação Getúlio Vargas) that makes the candidates fail in the 1st step, 80% to 90% of them, in the second step the candidate chooses the area of law, in theory he coundn’t advocate in the other areas, only in the one in which he was approved.
The exam is made to fail and collect money, it’s just like a slot machine, they make 3 exarms per year, OAB makes Money without being accountable to the Tribunal de Contas da União – TCU, 80 millions per years on students, the Superior Tribunal de Justiça – STJ, has ratified the understanding that the board of examiners from FGV is supreme, the victims are not allowed to ask for correction about any of the questions of the exam, that normally are traps with questions containing two correct answers.
The victim pay this amount of money for the 2 steps of the exam being failed in the first step and he/she does not have your money back, The OAB keeps the money of the second step, when the unjust enrichment takes place, in the second step, if you fail, there’s something they call “refreshing”, but the victim is extorted to pay it again, nowdays in Brazil we have more than 14 millions unemployed people and 12 millions that gave up on pursuiting for a job.
The crime against the PRO HOMINE principle of these victims brings to Brazil a criminous chain of preparatory courses to the OAB exam where judges, ministers, entrepreneurs make even more money on the law graduates, the Brazilian State in cursed by corruption, the country itself is corrupted.
IV – LAW
UNIVERSAL DECLARATION OF THE HUMAN RIGHTS.
Article 23rd Every single person has the right to labour, to the free choice of labour, to satisfactory and fair conditions of labour and the protection against unemployment.
The doctrine teaches that, the teatries of centrifuge nature, tend to take off the person of a national and global jurisdiction, in this case the person will be submitted to the Tribunal Penal Internacional – TPI the only jurisdictional organ that reaches all the world ,for this is your supracontitutional status
1. According to the current Statute, the court will be able to judge people.
2. Who commits a crime which the court is able to judge, will be considered individually responsible and so, can be punished acoording to the current Statute.
4. The provision on the current Statute about the criminal responsability of the people will affect in no way the responsability of the State, acoording to the international law.
Federal Constituition of 1988.
The Federative Republic of Brazil, formed by the indissoluble union of the States and municipalities and of Federal District constitutes in Democratic State of Law and has as bases.
III - the dignity of the human person;
The Federative Republic of Brazil is governed in your international relationships for the following principles:
II – supremacy of the human rights;
The economic order, founded in the appreciation of the human labour and in the free initiative, has the objective to assure everyone at least a worthy existance, in accordance with the dictates of the social justice, observed the following principles.
V – consumer protection;
VII - reduction of the regional and social inequalitites;
VIII – pursuit of the total employment;
XLI - the law will punish any offensive discrimination of the fundamental rights and freedoms;
§ 4th Brazil undergo to the jurisdiction of the Tribunal Penal Internacional whose creation has manifested adhesion.
The competence of ICC, because of your subject, covers the crimes against humanity, crime of genocide, crimes of war and crimes of aggression ,these events that are here since the beginning of humanity, were the main reasons of the creation of an international court.
After this, we are able now to list the differences and the tenor of the crimes against humanity, and the crime of genocide, to a better understanding regarding the theme I’ll elicite them clearly, so it’s the ratione materiae competence of the Court.
The law graduate in Brazil are condemned by OAB , which has clearly aims to extort and destroy in all or by part, when the man loses the hope, work is the same as dying, it is possible to notice a genocide against the social group of Brazilian law graduates.
“The genocide can be generically defined as the crime perpetrated with the intention of destroying ethnical, social, religious or national groups.” (MELLO,Celso D. de Albuquerque, Curso de direito internacional público, vol.2, cit., p. 908)
Through the article 42nd of the Teatry of Rome we can create a conception to genocide, because it will characterize itself using any of these acts pointed next numbering the intention of the agent of destroying in a whole or in a single part a national, racial, religious or ethnic group.
To effects of the current Statute, it’s able to understand by “genonide” ANY OF THE ACTS that enumerates, practiced with the intention of destroying, in a whole or in a part, a religious, national, racial or ethnic group, as such as:
b) Serious harm to the group members physical or mental integrity;
c) International Subjection of the group to life conditions aiming to provoke your total or partial physical destruction;
d) Imposition of measures destined to prevent births in the middle of the group;
The majority of the 500 thousands law graduates and your relatives live in misery, humiliated , unemployed, stagnated suffering : Bullying, needs, starvation with the connivance of Mr. José Mendonça Bezerra Filho, that does nothing , prefers to be a politician.
Crimes against humanity
1.To effects of the current Statute, it’s able to understand by "crime against humanity", ANY OF the following acts, when recognized as na attack, widespread or systematic, against any civil population, knowing about this attack:
h) Stalking a group or a coletivity that may be identified, by political, racial, national, ethnical, cultural, religious or gender reasons, such as defined on the 3rd paragraph, or due to other conditions universally recognized as unacceptable on the international law, related to any act refered in this paragraph or with any crime from the competence of Court;
k) Other inhuman acts of like character, that cause intentionally great suffering, or affect seriously the mental health or physical integrity.
For effects of the first paragraph :
b) Annihilation: Includes de international infliction of conditions of life, such as the deprivation of access to food and medicine aiming to destruction of part of population.
c) Slavery: means the exercise, relatively to a person, of a power or a set of powers that express a right to propriety about a person, including the exercise of this power in human trafficking, in particular, women and children;
e) Torture: The action or practice of inflicting severe pain on someone as a punishment or in order to force someone to do or say something caused to who is under control of the accused;
h)Crime of apartheid: inhuman acts of like character to the refered in the first paragraph, practiced in a context of na institutionalised regime of opression and domination by one racial group over any other national group and with the intention of maintaining this regime.
g) "Persecution'' means the international and severe deprivation of fundamental rights contrary to international law, by reasons related to the identity of the group or of the collectivity in question.
The pursuit caracterizes for the serious violations to the universal and international right from these people and the restriction to the labour of these group.
Here I finish with the Rome Statute, eliciting that all the people listed are restricting from food, families that are being psychologically tortured, having your members prevented of working as lawyers, it’s na apartheid, are being examined by the Brazilian State, STF, STJ, MEC, OAB, FGV they are all violating the TREATY OF ROME.
The item – IV, from law number 8.906/94, mortally wounds, rides over the CONSTITUTIONAL BLOCK, OAB challenges the world, is FREE the person work vocation.
Governs the Statute of the practice of law and the Ordem dos Advogados do Brasil (OAB).
Art. 8th To enroll as a lawyer is necessary
IV – OAB’s exam approval;
Therefore, the advocacy Statute and the provision were not welcomed by, Human Rights Universal Declaration, by Rome Teatry by the human rights international teatries , such aberration was just created to take millions of money in reais from poor, unemployed and miserable people, we aleready have people that have killed themselves due to failing at OAB exam, we’re talking about an annihilation.
The Superior Tribunal Federal – STF, has judged the human rights