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May 17, 2020
Isonomy/Equality Principle

Equality before the law is a premise for the affirmation of equality before the judge: from the norm in article 5, caput, of the Constitution, the principle of procedural equality arises.

By Cleber Santos Guterres

"Equality before the law is a premise for the affirmation of equality before the judge: from the norm in article 5, caput, of the Constitution, the principle of procedural equality arises. The parties and prosecutors must deserve equal treatment, so that they have the same opportunities to assert their reasons in court. ( PELLEGRINI, 2004, p.53, our griffin).
Make and Have Law (@mauriciopartyguy)
The discussion that embassa my thought part of my own and personal history that has already been exposed in text of my authorship such as the Magnum Coloquium (embargo declaracao) and the real Judiciary Parallelism in both I propose to warn the Brazilian Judiciary STF / STJ and all other instances legal errors of the country the errors in my view that occurred in my inventory process and a posteriori in the process of Interdicao proposed by my Sisters of Interdicao even though I legitimtimo the legal and constitutional rights of my mother(83) and of the brothers and sisters themselves.
I come in now another made from the analalogo case of the presenter Gugu Liberato (family) x Mrs. Rose di Matteo (ex.pareceira of the presenter) in the legal dispute for think in the amount of 100,000,00 reais as exposed by the Redacao do Ratchet Livre in comment to the Journalist 'Lauro Jardim' O Globo,
We find this also in Art 125, inc I, of the Code of Civil Procedure '[...] to ensure that the parties are equal in treatment [only the judge has this jurisdiction]'.
We also have this principle in Decree 678 of 6/11/1992, which is in Art 8, I [inspired by the Pact of St. Joseph of Costa Rica]: '[...] every person has the right to be heard with the proper guarantees and within a reasonable period, by a competent, independent and impartial judge or court...'. (PELLEGRINI, 2004, p.53). 

First, the Interdiction was established shortly after and questioned under the long-managed inventory process by my sister who was chosen to be an inventor, since I was a losing vote.As soon as I was personally informed by my own sisters on a Sunday day (Not the music of Tim Maia), an Interdiction process had been initiated at the 10th digital office in Santo Amaro / Forum Regional II.The following Monday I went to the same and I was appointed to be the defender Alexandre Dumas to be part as interested what I did and was authorized on 8/05/2017 being forwarded to Lawyer with request in my possession of continuity and Inventory and List and that communicates the number and identification of my Sister's Interdiction. in the Jardim Sao Luiz region.When I received a chat with him, I presented him with my documentation, a follow-up password was opened, but nothing ever happened and three months later I even registered it at the Regional Forum II according to the protocol.I was informed that it could not be because of my status as a Social Worker and not as a Lawyer (prerogative). So I stayed at Limbo Juridico for a while just communicating with Ms. Chief and sub of the memo to which I made see by emails that the number of Inventory it was the same as the Interdiction process. (Real Legal Paraleslismo),Then, after several episodes of internal and family fights over different positions, Me being able to finish the Inventory process started in 2002, in addition to my competence as a Senior Caregiver with training (USA) 5 years working in a nursing home. There was the fact of fights that reached the facts.I put the second lawyer paying the same to put my constestation and documents in the process, in addition to never having received official citation of such process and still having the opinion of the prosecutor that if there is more than one heir and interested, there would have to be consent from the other brothers. The same filed a petition in this regard and, within it, also requested Interdiction Accountability. It happened that the Judge's opinion was issued determining my Sister as an Interdit and making the seventh public. Although I had already asked the lawyers to ask for a hearing that never materialized and in my view the definition of Interdiction did not fulfill the precepts because I was not heard and my documentation that is in the process never judged and or evaluated beyond the deadlines have not been met (Magnum Coloquium or Declaration Embargoes) giving an account of their motivation.

he Inventory process was unarchived by me after several statements from my sisters that it was still underway, but, I saw that it never came to a conclusion, so I went to the Central forum and saw that it was in the Archive (Jundiai). When reading the file, I saw several legal errors that were later confirmed in an opinion of the Public Ministry / SP and even the lawyer in her reply was explicit that she had not received any more information from her client and that she agreed that after all this time as well as the public ministry there should be the change of Inventory that appears in the own process that runs in the Ninth Court of Family and Successes forum - Central.
I had already sent an email as published to CNJ and STF in the person of Minister Carmen Lucia, in addition to Minister of Justice Dr. Sergio Moro (A Verdade / TRHUT) and letters to the Minister all of these documents can be found on my mauriciopartyguy.blogspot.com .
And now, with 21 years later, a publication made in Portuguese and English by my author, which I observe the issue of the `Principle of Equality and Isonomy, it caught my attention that the process in which the list has already been exposed and decided because the Presenter Gugu Liberato passed away in December. and Mrs. Rose di Matteo's pension, which was denied 100,000 reais, with an interview by Mr. Judge Jose Walter Chacon Cardoso on February 4, 2020 as Catraca Livre was filed on 11/22/19 and my lawyer filed a request at day 11/21/2019 for Removal of Inventory which has not yet been decreed. Also previously it has been unfolded in two other processes namely the first rendering of accounts to which Dr. Walter Chacon of opinion contracted the initial of the lawyer because it reminded the same that I am Heir and would have the right as which of the Brothers that alias never manifested themselves to respect. And the second one, a farm accident, also publishes an unfolding of the initial process, as well as in relation to the original process of 2002, which now on 20/05/2002 will complete twenty one years of existence.
A few years ago as an office boy I overheard a conversation that two interns or one at least said that very simple changes the initial cover of the process and it will serve as another process. At a very young time, I did not give importance and or believed, but, now after so many legal scandals with sentence sales from various legal players and other organizations involved, I was thinking with my buttons about that comment from years ago.
I come through this article just to consider that a change in the Judiciary as a whole is necessary and pugente (I had already posted a comment when the French lawyers' strike demanding better conditions and quality of services (L`Monde).
There is still a fact for me to understand Grave that the last time I was in contact with a notary, I received an advertising pamphlet from a local lawyer, I do not know if it is allowed, I understand that many more simple and afflicted people may want such guidance and help, but, I am concerned with the question of the right to choose and also the principle of free competition in a market already so saturated and with so many choices that it should be the best for the citizen in his free will.
It is necessary not only to make (to be) entitled so that all sections of the population have access to a Justice that ensures the commitment and is committed to its quality of services. Not only with regard to the Brazilian law institutions themselves, but with the formation of the Lawyers and the OAB's own commitment to this qualification.[...] The parties are in the dispute on an equal footing.Principle of tax isonomyArt. 150, item II, which explains the principle of tax equality is worded as follows:          "Art.150. Without prejudice to other guarantees provided to the taxpayer, the Union, the States, the Federal District and the municipalities are prohibited:          (...)          II - To institute unequal treatment between taxpayers who are in an equivalent situation, any distinction due to professional occupation or function performed by them, prohibited, regardless of the legal denomination of income, titles or rights. "          PAULO DE BARROS ends by asserting that:          "The mention of the constituent elevates the Municipalities, giving them to the Member States and the Union. They are not smaller entities or mere communes subordinated to the control and supervision of the federated units or even the Union. They are legal entities under internal constitutional law, endowed with political representation, and which will draw private powers from the same source as the others, that is, in the fundamental law. "Nothing is more "fair" than offering equal treatment between the parties in a lawsuit, in a tribute [art. 150, item II] or in the constitutional political persons [arts. 18, 29, 30] giving both the same opportunities in the same case, according to what regulates our laws in that country, which is our Federal Constitution in its article 5, caput, of 1988.Mauricio Jose da Silva - Social WorkerElderly Caregiver and Blood Collector (USA).quotes in this article are from the textCleber Santos Guterres at Direito.netI still recommend your bibliography

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