mexico cia fact










 

 

         

          Humans’ behavior is absolutely far away to be adequate to the life of the planet. One can conclude that the innumerous problems many scientists have been discussing may present violence against life as a referential milestone in this discussion. And what is crime if it’s not an attempt against the individual and collective rights? Clarence Darrow extends his concerns in his work “An address delivered to the prisoners in the Chicago County Jail”, about this subject, which main reason is its cause and cure, because he does not believe in it (Burr 79).

 

 

 

 

 

 

 

 

Nagel, Thomas. What does it all mean? , Oxford University Press, New York, USA, 1987.

           The conflict of societies is inherent to the sense of self-defense, and marginality is a consequence of unaccepted cultural interference to change a certain human condition, which is not accepted in an organized society. “When families are thinking about diasporical displacements to future urbs, basic for a Civitas, relations will be established in accordance with a contractual relation like Mayflower, which is a good and classic example of necessary social regulations”(Souza 38). So, the existence of jails is a natural consequence of the historicism of Law, and this is a basic fundament for social human relations. By the other side, if we consider the Bible, we can take the passage where it’s written that “there’s no just man, not only one”(Romans 303). But it does not give the right to anyone to be unjust with the others. And this is what we call “crime”. For the reality of South America, it’s being reported by historicism that the marginal population of Europe came to Brazil in the attempt to diminish the criminal population of countries like Spain and Portugal, considering Geographical Determinism.

 

            Darrow concludes his work by saying “a jail is an evidence of the lack of charity of the people on the outside who make the jails and fill them with the victims of their greed” (87).

 

 

 

Gideões Internacionais. Novo Testamento,  Campinas São Paulo, Brasil.

 

 

Mendras, Henri. Princípios de Sociologia, Zahar Editores, Rio de Janeiro, Brasil, 1973.

 

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So, Darrow’s explanations seem to be very philosophic but not universal. He should have considered some specific legal precepts to better understand the teleological fundaments of law, which sometimes are not the same, because it depends on local conditions where the power of the State is supposed to exist, in order to protect life in society. E.g. – marginality in Argentina in 2002 is increasing because of economical problems.

 

only learnability. As Giorgio Del Vecchio explains, man is anything more than a phenomenon, even being part of this order. The ethic and juridical order depend of the transcendence of the meaning when taken as element of a certain content of a determination (Del Vechio 216).

 

Social forces that will regulate the flux of exclusions and inclusions of people in the society, (outsiders) which induce us to the concept of good and bad. Things are not different from primitive time, when humans leaded a piece of wood as an instrument of self-defense, and after all, sharpen instruments by polishing the rocks. And this fact, can be better understood if we review the explanation of the law, practiced by men, not by a legal system who is supposed to solve an abuse of freedom in a state of right, and is supposed to impose the restriction of freedom whenever men’s behavior is not accepted in the context of society, and standards of moral values. “The earliest human legal systems were almost universally forms of lex talionis, or "the law (of retaliation. "...A law of equal and direct retribution: in the words of the Hebrew scriptures, "an eye for an eye, a tooth for a tooth, an arm for an arm, a life for a life.”” 01

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Goldinger, Milton.  Philosophy and Contemporary Issues. University of Wisconsin Oshkosh,

Locke, John. Ensayo sobre el Entendimiento Humano, Fondo de Cultura Económica,

Favero, Flamínio. Medicina Legal, Belo Horizonte, MG, Brasil, 1980, 130.

Books Consulted

            We do not agree, social inequality is the main cause of criminality, but consequence of egocentric positions of governments, and societies, and conditions of life of specific cultures in

 

 

 

       USA ,1999.

 

 

02   JN – Brazilian Television – Rede Globo de Televisão  - Brazil.  September 15, 2002, 8 p.m.

       Modern Language Association, USA, 1988.

Endnotes

 

01  Lex talionis, September  14, 2002. http://www.wsu.edu:8080/~dee/GLOSSARY/LEXTAL.HTM

 

 

 

 

 

Gibaldi, Joseph. MLA Handbook for Writers of Research Papers, New York:

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            But the sophistication of jails in countries of the first world should probably illustrate the ideas of the author of this article properly, but for our reality, prisons are absolutely necessary, no matter the conditions of those prisoners who really live in a school of marginality, but it does not mean that things are different outside. There’s too much tension between these two different worlds. The center of the discussion should be the possibilities of prisoner’s recuperation.

     México, 1956, 713.

 

 

 

           “If ignorance of a law were defense for breaking such law, there is no law of which a villain would not be scrupulously ignorant. The moral brutal, in this view, a man becomes, the more irresponsible would be in the eyes of the law, and the worst classes of society would be the most privileged” (Brazilian Penal Code 25).

Adler, Alfred. El sentido de la vida, Luis Miracle, España, 1935, 250.

 

 

 

 

           Then, the responsibility of judgement had to be transferred to any other social institution to avoid consecutive injustices. Sure it’s not proper to compare a man with an animal, but what makes us thinking that a lion’s place is a jail, not the jungle or the circus? What makes us thinking that the place of a murder is the jail not the cemetery or an isolated island? Anyway, his passive position is a statement, and then the others will be able to decide what to do with it, in accordance with conveniences. Do we need to know that there are lots of murders in the prison so that life outside can be established in accordance with minimum security to exercise freedom? Humans experiment differences, and this is a basic statement in any educational system. Could we put this population of murders separated from the civilized world, like a far away jungle? May be not, because they can return. These displacements confirm the nomadic condition of men, but do not justify adversity of humans’ basic condition of surveillance, natural selection, and mainly the basic difference from “Homo sapiens” and “Homo ferus”, which is intelligence, not

Stone I.F. O julgamento de Socrates, Cia das Letras, São Paulo, Brasil,1988, 60.

 

            The Prison of Carandiru, which is being demolished in Sao Paulo, Brazil, is an example. “It’s considered one of the biggest prisons of Latin America. Prisoners make everything normal people do, no matter their voices cannot be listening. Many of them tried to escape. A hundred eleven were killed in the last attempt to do so. There were so many tunnels caved and daily rebellions, wars of criminal factions and mega-rebellions. Nowadays it’s being left and an educational center will be built in the future. Since 1956, it was the roof of more than 7000 prisoners all together. Prisoners are being transferred and so are the jails. Some directors were fired because they could not control the rebellions. Murders like Fernandinho Beiramar --   Brazilian most famous murder, involved with  traffic -- are now maintained in special prisons, and even the president of the country was asked to give a solution to the case. Where such a murder could be arrested is not under the decision of normal authorities. The system doesn’t exclude the possibility of a national rebellion. The fact demands attention and care.” 02

 

          An evolution of societies in the attempt to regulate relationship demonstrates that Law comes from the assumption that nobody really can make justice with his or her own hands, however the concept of “lex talionis” is implicit in many circumstances. E.g. -- one can be put in prison even if it’s legitimate defense, until this situation is proved. Penal Law imposes the condition that people are guilty until the opposite is proved. And it’s also part of Brazilian Penal Law, the “Principle of Total Defense”, that establishes the right to have a lawyer even if the State has to indicate one. So, justice does not depend only of financial support as Darrow mentions. [Darrow 81] “...You did not have a good lawyer because you did not have money to pay a good lawyer.” Citizens can understand a crime, only if its described in law and nobody can allege the ignorance of a law. The exposition of Motifs of the Brazilian Penal Law includes the fundaments of Warton (“Criminal Law” volume I, 134).

Darrow assumes that there’s not any distinction between the real moral condition of the people in and out of the jails. “One is just as good as the other, as well as he does not believe that people are in jail because they deserve to be. They are in jail because they can not avoid it on account of circumstances, which are entirely beyond their control and for which they are in no way responsible”(Darrow 79). This assumption addresses to some very important discussions, considering the real moral condition of the people in an out of the jail, as a manifestation of the

            Limits of tolerance and contention of violence are quite difficult to maintain, especially in underdeveloped countries, guided by Social, Economical, and Religious Determinism.

Ethnical groups who deny accepting the fact that life changed so much, to the point to reduce social disorders. It demands rich societies to understand that the “so much” for them, should be the “minimum” for these societies. The fact that prisons are the adequate places for murders and leave someone arrested is still the best way to prevent murders circulating freely among us until we prove the opposite. But it does demand a condition of developed countries, which is respecting the differences, and work them. There’s no justification for misery, but we can affirm that it indirectly introduces the concept of abundance. Crime is in both sides, among rich people, and poor ones. So, the fallacy of Darrow’s discussion is the statement that social justice is related with utilitarism and convenience of people wherever they can be, or they are aloud to stay. There hasn’t been a better place for murders since the prisons of the medieval castles existed, and then the modern panopticum, but for sure since the cross; the electric chair represents progress in this attempt. Errors of judgement have been happening for years. Judicial system is precarious, and sometimes inefficient, and this is real. Prisons are schools for crime, rather than a place of transformations and understanding freedom, does not mean, being arrested. Does anybody in the world want to lose it? It’s precious.  By asking our local community, about a position of crime, and prison, the majority affirms, that jails are absolutely necessary, but the same interviewed population does not agree those prisoners should be supported by the government, while people

Oliveira, Juarez de  Novo Código Penal, Editora Saraiva, 1985.

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Del Vechio. Direito, Estado e Filosofia, Livraria Politécnica,  Rio de Janeiro, Brasil, 1952

 

 

 

Works Cited

 

 

 

 

 

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Douglas William. Uma carta viva de direitos, São Paulo,  Brasil, 1898, 76.

Souza, J.P. Galvão de Souza A Historicidade do Direito, São Paulo, Brasil, 1970.

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