Recognition, Redistribution and Popular Participation: Towards an Integrative Judicial Policy



Marilia Lomanto Veloso[I]

Santos Araújo Cloves[

From 25 to 29 in November will be held in Brasilia, DF, the XX MEETING OF THE NATIONAL NETWORK OF LAWYERS, RENAP, marking the event the names of Maria Trindade Gomes Ferreira and Plinio de Arruda Sampaio, in honor of two protagonists of the popular struggles that left an inspiring historical legacy of how the dispute in the political and legal field is made, with the perspective of reaching the model of society that we so long to see materialized.

Pliny by Arruda Sampaio, recognized for the intensity of his political trajectory on the left. Founder of the Special Commission for Agrarian Reform, his proposal displeased the wrath of the landlord elites in Brazil. He was revoked after the military coup, went into exile in Chile and, on his return to Brazil, taught at the FGV and contributed to the founding of the Workers Party, having the status and idealization of the party's core groups.

Symbol of the resistance of women against oppression, in the state of Tocantins, Maria Trindade Gomes Ferreira, is recognized as one of the warriors of popular advocacy and deep knowledge of the Agrarian Law, having acted as an attorney and educational advisor of the Pastoral Land Commission. founding member of RENAP. Maria Trindade, since 2010, is no longer with us physically, but her legacy remains alive in the history of the struggles of the peoples of the earth.

This space-time includes popular lawyers and lawyers, as well as professors, students and other legal professionals, as well as leaders of movements and social organizations from almost every region of the country, for the celebration of RENAP's 20th anniversary. , with the network, two decades of a history of confrontation that gives the Law and Justice an emancipatory meaning, built from the struggles of social movements and organizations for rights that, although guaranteed by the Federal Constitution, are hard to be recognized, respected and respected. concretized by those who have the political function and the legal duty to make it possible.

RENAP has something to celebrate for these two decades of existence where inertia has no place, boldness is in charge, and the resemblance to traditional law is increasingly confined to the necessary law degree and the Examination of Order. A retreat from the 90 decade is enough to remind us of the political context of a country just emerging from the military dictatorship, shattered by the memory of the strict restrictions imposed by the military government, but also hopeful that the 1988 Political Charter's guaranteeing oxygen would unravel. the authoritarianism that shook, with psychotic outbursts of a false national security discourse, not only Brazil, but Latin America as a whole, in the countries marked with the stamp of the United States' anti-communism policy.

The rule was devoted violation of workers' rights, oppression of the popular classes, criminalization of social movements, especially the Landless Rural Workers Movement, the MST. The Eldorado dos Carajás Massacre in 1996, Pará, when nineteen landless rural workers were murdered by military police forces, is the symbol of the criminal and truculent action of the Brazilian state. Leaders were and continue to be frequently arrested, prosecuted and convicted, preferentially accused of theft, trespassing, gun possession, possessive scourge, gang and gang damage, even terrorism, as the basis for the preventive arrest decrees. Reporting and cascading arrests strategy against MST leaders, it had the clear meaning of producing recidivism and, consequently, penalizing the "heads" of the movements more rigorously, keeping under control the acts of "insurgency" of the workers, led by these individuals.

This tyrannical framework, transgressive of constitutional commands regarding respect for the dignity of the human person, violator of fundamental rights, stigmatizing in relation to the working class, notably, the collectivity of landless subjects, with their political actions in defense of land tenure, was and is still, as a rule, contradictorily sustained by the system of security and justice, by the repressive state apparatus, allied with forces of capitalist ideology. Thus, the Police, the Judiciary and the Public Prosecution Service composed (and continue to compose) a single power, a hegemonic discourse and a fierce political-legal action, in the name of legal certainty, the defense of law and order, and institute the attempt to extend the dictatorship's terror methodology, content their ideological choices in favor of the business elites and large estates.

The need to confront this hostile environment and the despotism of the system was pressing. The violence perpetrated against workers, militants, leaders, was not exhausted in prisons, criminalization, murders. Beyond this raw material, with the complicity of the mass media, the single-disc press, always alongside the landlord and the elites, a nasty pact was established to lead culturally punitive public opinion to see the country people as rowdy, violent, land invader and out of law. If, on the one hand, the ideal scenario was being constructed to suppress popular struggles, on the other hand, there were also spaces open for the political and legal agitation of mechanisms of resistance to the truculent way in which the system and its allies infringed. the very humanity of thousands of people who have been historically victimized by the heritage of the colonization processes that enslaved and preyed our country, which was constituted as a state before constituting itself as a nation.

It was from this context of institutional violence that the network sprang up in 1995, at the initiative of the MST and CPT. Sources of inspiration for this web of subjects that entangle knowledge dictated by the so-called scientific community and those arising from the experiences of the victims themselves, according to Jacques Távora Alfonsin, (RENAP Special Book No. 6, Popular Advocacy, 2005) would be the National Bar Association. Popular, ANAP, from Goiânia, the Institute of Popular Legal Support, IAJUP in Rio de Janeiro, the Pastoral Land Commission, and, in our understanding, the Association of Rural Workers Lawyers in the State of Bahia, present at that historical moment RENAP's emergence, also considering its role in the organization of lawyers in the defense of the peoples of the earth.

At that time, police violence against the MST was invigorated. Delegates, judges, and prosecutors, in tune with and contrary to the demands inherent in the dignity of their offices, broke with constitutional principles and guarantees to establish alliance with the understanding that criminalized land claims. The trigger for the realization of Seminar Legal Protection of the People of the Earth, in São Paulo, at the Normandie Hotel, from 15 to 17 December 1995, was the Corumbiara Massacre, RO. About 60 people, lawyers and popular lawyers, including those who advised the MST and CPT, attended the event, debating the issues and finally deciding on the need to organize a national network to articulate debates and actions. , to collectively build political and legal strategies to address serious violations of fundamental rights and guarantees. Plinio de Arruda Sampaio, participant of the event, was one of the main responsible for the creation of the National Network of Popular Lawyers, RENAP, denomination that would have happened on the occasion of the III National Meeting of the Network, in 1997, in Salvador. Currently called the National Network of Popular Lawyers and Lawyers, it contemplates the female lawyer, not only in her role in the struggles of the people, but also, precisely for that reason, in her denomination.

Rede, in one of its meanings, is explained by a complex of people grouped and collectivized around the defense of fundamental rights and guarantees carried to the utmost neglect by the constituted authorities, who do not elect the realization of these rights as a priority political agenda. National is in the broad spatial meaning of the articulation of RENAP, when lawyers and lawyers from almost all of the country act in the sharing of experiences and results that impacted the individual and collective subjects who use the services provided by the network. Popular lawyers, because they are made up of legal scholars beyond law, instituted, instrumentalised in the service of the dominant forces, the law that relies on the system of security and justice to enforce the poor and oppressed, from the world reading of those who interpret and apply this right. Popular lawyers because they are pregnant with ethical, political and legal sensibility to make law not an instrument of oppression and domination, but a political possibility, with historicity and criticality to face the great conjunctural and structural issues responsible for the historical debt of this country. with the black populations, marginalized, forgotten, oppressed and condemned to exclusion, that is, the “new collective subjects of rights” that cross daily into the offices of RENAP professionals.

Over twenty years, this network weaves new ways of seeing the law, organizes annual meetings in different spaces of the country, where it discusses paradigms, dogmas, legal rules, new theoretical frameworks and themes of high and deep understanding, interpretation. . But not only the accumulation of knowledge takes care of RENAP in the meetings, but also tries to redefine concepts, to reorganize forms of struggles, to sensitize mainly the young community, students, law students eager to enter the struggle, to get up against oppression, to contribute objectively to the removal of obstacles to social transformation and the reconstruction of law as an enunciation of the principles of the legitimate social organization of liberty, an expression that underlies “The Right Found on the Street”.

RENAP stands for state of acute critical awareness, capacity for political reflection on each action in which the lawyer, the lawyer is acting; RENAP is aptitude for the new, to reflect in the various areas of knowledge through which the transversality of its intervention is present. The renown of the success achieved by RENAP makes it increasingly assert itself as a collective entity of particular importance in the political-legal process of containing abuses of power against the popular classes, changing assumptions and crystallized paradigms in legal culture, leading to triumph in monocratic and plural decisions, theses raised by popular advocacy in processes that seek to assert and guarantee rights of the working class, social movements, their individuals and their collectivity.

An emblematic example of this change in the conception of categories is given by STJ Minister Luiz Vicente Cernicchiaro, when he redefines the meaning of the MST struggle, of the HC ruling 5574 / SP - 97.0010236-0), stating that “Popular movement aimed at implementing agrarian reform does not characterize crime against Patrimony. It configures collective right, expression of citizenship, aiming to implement a constant program of the Constitution of the Republic. Popular pressure is typical of the rule of democratic law. ”

The interventional dimension of RENAP also resonates with the empowerment of historically disenfranchised subjects in higher education processes, as reflected in the incipient numbers of rural learners, social movements, and social organizations. The combination of factors such as quotas, the increase of vacancies in the network and the internalization of institutions increased the poor people's access to higher education. This field of inclusion through education was also impacted by RENAP, leading the achievement by the implementation of the first class of law for campers, sons and daughters of settlers and small farmers, at the Federal University of Goiás, Turma Evandro Lins, whose protagonism progress towards have already completed the first specialization in the agrarian residence modality, also at UFG. Inspired, with this revolutionary initiative, the creation of the Law Class at the Feira de Santana State University, Elizabeth Teixeira Class, the Eugenio Lyra Class, from the Bahia State University, the Law Class of the Federal University of Paraná and, lastly , the second class of law of the Federal University of Goiás. This RENAP attack in the field of education ends up revolutionizing traditional methodologies, dialoguing with new forms of knowledge construction, considered not only the one that goes through the theories of notables that are reproduced throughout the period. history, but also of another knowledge, the forged in the practice of the subjects who experience the exclusion and in it nourish the hope of occupation of the spaces previously restricted to the bourgeois classes.

Finally, it should be emphasized that over the last twenty years of its existence, RENAP has broadened its scope to accommodate the plurality of forged actors in collective action, so that we can now say that this network is a mosaic of experiences. of the “new collective rights subjects” who come together and animate each other to remain motivated by the tireless and infinite utopian struggle towards the horizon under permanent construction.

May we celebrate the twenty years of RENAP, with the richness of the scheduled thematic debates, but also with the energy of the mystique, the songs, the poems, the celebration and all the heritage of affection that the RENAP Encounters have always provided. And may we always be ready for the new challenges posed by the affirmation and implementation of human rights.

[I] Master and Doctor in Criminal Law For PUC / SP, Retired Prosecutor of the State of Bahia, Retired Professor of UEFS - Feira de Santana State University, former Coordinator of the Collegiate of Law of UEFS and Class Elizabeth Teixeira, member of AATR , founder of RENAP, Vice President of JUSPOPULI - Office of Human Rights.

[ Master in Law from UNB, Professor at UEFS and UNEB, former Class Coordinator Elizabeth Teixeira (UEFS), AATR Member Lawyer and RENAP Founding Member.