August 08, 2012

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Legislator The legislator of if inhaling in the isonomy, equality, and imparcialidade when promoting the creation of a law, thus will reach the supposed equality that in this work we will call normative equality, or being able to be substituted by the social equality. Then nor always the legislator, compactua with the idea to create a based law in the rules long ago mentioned, prefers the legislator to take care of its proper interests, or to defend the point of view of one determined group. It who at this moment, will be promotional it of the injustice, therefore in its normative gene does not know the law already is born and loads in itself definitive vice that if moves away from the equality of all, that is, the normative equality. Therefore it is the law that if configures as conducting instrument of justice, together law and right, hang the society and establish in each relation the meaning of justice, Having a different law will have the promotion of different justice, leaving of this new agreement we go still more deepening in them establishing a multicriteria concept and brief on the term justice. JUSTICE the term justice (of the Latin iustitia, for it saw half-scholar), in simple way, says respect to the equality of all the citizens. I begin it is it basic of an agreement that objective to keep the social order through the preservation of the rights in its legal form (constitutionality of the laws) or in its application the specific cases (litigation). Its maximum order, represented in Rome for a statue, with vendados eyes, aims at its maximum values where ' ' all are equal before lei' ' ' ' all have equal guarantees legais' ' , or still, ' ' all have equal direitos' '. Justice must search the equality between the citizens. The RECOGNITION OF JUSTICE To recognize unjust acts is not difficult.
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General Captains The land, to the few, starts to be lcus privileged for maintenance of the status quo, exactly that still the slave prevails as the main tool of production. It had, therefore from the Law of the 1795, concern of regulation of that it would come, future, to determine under that conditions the economic groups would go to establish themselves: the domain of lands. This Law detached that the land distribution in sesmarias occurred from documents of the old ones donees. The concern of the Portuguese crown went beyond, emphasizing the necessity to legislate and of greater and better land distribution, also, condemning what it was called different land distribution, in the following terms: ' ' (...) consequences not less harmful, and offensive of the Public Benefit, and the equality, with that they must, and had all to be in the time distributed same lands for its Inhabitants, arriving the state such this irregular distribution, that many of these Inhabitants them have not been possible to obtain the sobreditas Sesmarias, for Grace Mine, or of the Governors, and General Captains of the Been said one, to the opposing force of objections why without some Right it would not have to impugnate them; others for it they have apprehended I oppose them, and they apprehend, and of them if they possess without Grace, and legitimate licenses, that must have to validate the Headings of its Possesses, passing to such excess so repreensveis abuses to this respect, that until the greater part of same the Sesmarias, still the ones that are authorized with the competent Licenses, Letters, and Confirmations, never arrive to be obliged for many, and repeated Orders, that if have forwarded to all that Domnios to this yes, they are useful, how much harmful the lack of observance, that they have had in the same State of Brazil, whose lack, and of its tolerance has well-known resulted in the Forum as much, and so hateful Litigations, enters a great part of said the My Vassals, how much the sample the experience (...) (5/10/1795 License...