Who will have the courage to put the rattle on the
cat's neck? Who will have the courage to reverse the fate of the "Desert
of men and ideas" appointed by Oswaldo Aranha?
The
romantic presidentialism, created in France in 1848, as opposed to
the federal presidentialism of Thomas Jefferson, was copied in Mexico
in 1857, when Louis Bonaparte had already delivered his coup d'état
(1851) to become emperor. De Gaulle's France, with the Romanticism
restored, was saved by the Treaty of Lisbon (2007), which
established a mature system for the EU management. Meantime
the territory of Mexico, in 1492 it was more than a thousand years
ahead of the territory of the United States, but Mexicans made the
wrong choice. At the beginning of the third millennium, the whole
Latin America and almost all of Islam embraced the tragedy of the
unitary romantic presidentialism, factory of demagogy, populism,
poverty, degraded democracy, and brutalizing education.
As
it is in the cover of the book "Ravenna Effect", Brazil as
a legal entity is impracticable, due to its current
political-geographical and psychosocial configuration. There is a
chance, though. They are two antagonic paths to be
chosen: (a) maintaining the disgrace of the romantic
presidentialism, continuing to be the leader of the eternal emerging
poor, subjected to the ever present possibility of the
apparition of a great avenger like the Filipino Duterte, or (b)
seeking the alternative, by an ordinary law, which severely reduces
uncertainty in the business environment and which years later may be
consolidated as a constitutional amendment (the FC-1988 must be
amended every ten years, at most).
1. Method.For a new
type of federative presidential election, the governors in
finishing term, in each even non-leap year, meet in the
Laranjeiras Palace, Rio de Janeiro, in the last week of
March and choose three names from a minimum of four (if there are
many repetitions) and a maximum of 56 (if there are no
repetitions) that they themselves present. (1.1.0) Regardless of
the party to which they belong, the names must be of Brazilian born
being 50 years or more and with experience of at least one
quadrennial full term as mayors, governors, secretaries of
State or ministers of State, and who have shown good
performance. Out of this profile, only if we have before
us a name who, by categorical imperative, cannot wait. (1.1.1) They
must be for at least four years outside the function if in the
tele-broadcasting sector are owners, presenters, announcers or
artists, this four-year quarantine being worth also for presidents of
political parties. (1.1.2) If the candidate is a military person,
this one should be retired for at least four years and should be
acchieved the máximum ranking in the career, i. e., should be
general, brigadier-general or admiral - general saluting hierarchical
inferior of the barracks is a totally dispensable humiliation.
(1.1.3) the individual who has been self-proclaimed pre-candidate for
the presidency before the mass media will also automatically excluded
(Plato: whoever declares himself a candidate for the government has
no merit to govern). (1.2.0) For this meeting in Rio, each governor
takes two names, or at least one. (1.2.1) Before deciding about these
names, which should be consulted, he presents them to the college of
leaders formed by the chairmen of the commissions of the
Legislative Assembly, the vice- governor and the mayor of the
state capital (administrator of the Pilot Plan, in the case of the
Federal District), who will act in the case as an advisory board.
(1.2.2.) On the eve of the Rio meeting, the governor of
Rio, host, who should act as natural Secretary of the meeting, will take to the
meeting 28 printed ballots bearing the names in alphabetical order of
all pre-candidates, names previously sent to him. (1.2.3) At
the one-day meeting, another governor [-elect] shall be
selected as President of the meeting. (1.2.4) There shall be no
presence of reporters, electronic devices, waiters, bureaucrats or
whoever is beyond the governors. (1.3.0) After the discussion on
the profile of the pre-candidates, with apologies and restrictions on
all the given names, each governor marks three names secretly on the
ballot previously printed by the Secretary, who then computes those
votes, together with the President of the meeting, presenting then
the list of the top three - the open vote in people is another
romantic disease, which one should avoid. (1.3.1) If there is
tie between the third and the fourth positions, the oldest among the tied ones stands as
third placed .(1.3.2) With the ballots destroyed, by complete
dissolution in water (in fire it is in the State of Vatican),
the three chosen names are sent to the Senate and the press, on equal
terms, that is, without disclosure of preference, because the
governors are not subordinate servants to try to give direction to
the Senate. (1.3.3) If a governor reveals the name of the first
placed, the Secretary and the President of the meeting will have to
deny it in perpetuity, for then only the Senate to proceed to the
vote, in freedom. (1.3.4) Only five years after this vote any
governor can, if he wishes, reveal the scale of classification,
although the purpose of this is infantile.
2. Senate.In
the second week of August the Senate
votes for these names, after questioning them in the same session,
each senator choosing two of the three nominees, in secret scrutiny.
(2.1) Once the determination has been made, the first two are
considered elected Federal President - commander in chief of the
Armed Forces - and vice, in decreasing order of voting, leaving out
the third. (2.2) If there is a tie in any of the positions, the
oldest candidate wins.
3. Popular.In
the election of governors and representatives, on the first Sunday in
October, the voter does not vote for the name of the chief of State,
or Federal President, which will be incumbency of the governors and,
finally, the Senators, but continues to directly elect the "chief
of government", the chief-minister, president of the Council of
Ministers, on the plate with the vice-chief, in a single voting
moment (it is not a solution for a country that has already been
emancipated, but an intermediate way to Brazil). (3.1) In this
voting, the voter must give two votes for the chief-minister, one of
them being the first choice, of one party, and the other, the second
option, of another party, among the candidates submitted. Thus, the
two rounds merge into one. (3.2) It is essential that the
chief-minister and his vice are of the same party.
4. Government.After the
election by the Senate, and after the elections of the federal
parliamentarians and the governor, the chief-minister, government popularly elected in
October, meets in Rio in the second week of December with
the new Federal President to form the government. The chief-minister
assists the Federal President in this task of choosing ministers.
(4.1) Of the total, at least half plus one of the ministers to be
inducted must be affiliated to the party that has made the largest
number of seats in the House, even though that number is below the
majority of 50% plus one. (4.2) Between the two parties with more
seats, the Supreme Electoral Court must have criteria to prevent the
tie, if the possibility exists, being the fairest the highest voting
in the more populous federative unity, which (Sao Paulo),
incidentally, has been under-represented. (4.3) If the chief-minister
belongs to a minority party in the House, it will act in line with
the policies of the party with more seats, because the winner,
politically, is the party that wins the House, with the minority
party of the chief-minister acting in the case only as a legal and
bureaucratic vehicle for his election as an expressive individual.
(4.4.0) In choosing ministers, the Federal President and the
chief-minister must obey the following determination: half of the
ministries should hold only professionals of the "technical
elite" (of exact sciences and technology - trained in physics
laboratory) and half must be of professionals of the "classical
elite" (humanities and biomedical sciences), with the
chief-minister included in this account and (4.4.1) without there
being more than a dozen ministries - e. g., Ministry of Culture
absorbs Education and Science, with the areas of Spectacles-Sports
("show business") and Tourism in the Ministry of Industry,
while Finance absorbs Planning, Justice absorbs Work-Cities,
Transport absorbs Communications, Defense absorbs Environment and
Health absorbs Puericulture, or Childcare (pre-school), one having
this disposition: Finance, Industry, Civil, Transport, Foreign
Affairs, Educative Culture, Justice, Agriculture,
Defense, Health. (4.5.0) The vice-chief, elected on the plate with
the chief-minister, receives the symbolic remuneration of 2 minimum
wages, while not replacing the holder or occupying another federal
public function, the same being true for the federal vice
president. (4.6) The rule for the presidential election and
substitution described in the Articles 77 to 82 of the Constitution
become fully valid for the election and replacement of the chief of
government, chief-minister of the Civil House, thus establishing the
always promised congressional presidentialism, in opposition to the
romantic presidentialism, to bring Latin America closer to the
federal presidentialism of Thomas Jefferson (the FC-1988 is to a
federation, but does not provide for the election of a Federal
President, if not a unitary president, which must be understood in
the coming times as chief of government; the election of the Federal
President is, while in the FC this is omitted, an
extra-constitutional issue; there is an exchange of positions here
compared to the current semipresidentialisms of Russia and South
Korea - the non-Catholic-Islamic exception, - which are
almost as dangerous as well as the romantic presidentialism;
"classical" parliamentarism, with its dissolutions of
parliament and political crises in government formation, it should
not be a demand from the Americas; although in Brazil the number of
those who want to have prime minister is 82%, proportion of
democratic citizens in civilized societies; among us, the position
that corresponds to the one of prime minister is the chief-minister
of the Civil House; in the USA, the closest to the prime minister is
not the Secretary of State, but the president of the Senate, the
vice-POTUS, until now underutilized).
5. Proxy.On
January 1, the month following the formation of the new government, the directions of Senate and
House perform symbolic sitting in Rio de Janeiro, with the possible
presence of the former president, to accomplish the inauguration of
the new Federal President, the chief of government and their
respective vices. (5.1) By signing the inauguration of the
chief-minister, the
Federal President signs a power of attorney appointing the
chief-minister as negotiator for all companies to enter into a
contract with the government during the four-year term of office,
with the chief-minister receiving contract of this kind, as well as
possible terminations, in addition to nominations and exemptions of
civil public servants, nominating, in the act, the remaining
ministers of the government. (5.2) On the same day, the members
of the Senate and House and all the ministers go to Brasilia, but not
the Federal President, who stays in Rio, the vice president going to
his State of origin, if he is not entrusted with any other federal
mission.
6. Reconduction. The Federal President has a
term of four years, without renewal at any time, but (6.1.0) the chief-minister
may be a candidate for re-election, being able to complete eight years in
office, (6.1.1) being from this moment two more quadrennials without being able
to apply for the same position.
7. Residence.To
rid the country of its second tragic intoxication, the Versaillism,
or Weimar Effect, of the nouveau-riche capital, of the
new men, the Federal President, to produce the Bonn Effect (when the
capital of Federal Germany was in Bonn, the presidency of the
Republic was in the capital with secular status, Berlin), has
residence settled in Rio de Janeiro, the Brazilian capital with
secular status (an effect that will only last until 2080 if it does
not return to shelter the presidential residence - and if it does not
return, Brazil will no longer exist in practice, because what exists
is the city of Rio, headquarters of Eco-92, headquarters of the World
Youth Day 2013, seat of the 2016 Olympic Games; deteriorated yes,
like Rome in 476, with the chief of State Romulus Augustulus residing
in Ravenna). (7.1) While the Federal President resides in Rio, the
chief-minister dispatches in Brasilia. (7.2.0) In political geography
one abolishes the pseudo-opulent Southeast Region of Golbery
("Geopolitics of Brazil", Rio, 1966), created under
questionable objectives of defense that brought further concern for
separatist demand in the South, one turning to the regional division
historical-cultural of 1913, and (7.2.1) one forming the
Superintendences Sudessul (seat in Sao Paulo), Sudeleste (Rio de
Janeiro), Sudene (Fortaleza), Sudam (Manaus) e Sudeco (Brasilia).
With the end of tje demagogic election of the chief of State and
the instalation of the residence of the Federal President in Rio, the
country will see also the end of the desarray in inflation, interest
and exchange, the end of the destructive climbing of the education,
the end of the miserable contdition of country that does not read,
the end of the bankrout of the cultural level of the citizens, and
the end of the invisibility in the premiation of the Nobel and the
Oscar.
8. Representation.Laws, clauses
and other devices need to be applied so that it fixes in six the maximum number of parties with seats in the House -
Borely proposes a party of center more three to the right and three
to the left (Jules Borély, "Nouveau Système Électoral",
Paris, 1870), but the party strictly of center does not exist in
practic. It is not necessary to set a minimum number, because,
if the number drops to one, one automatically applies, for
proportional voting, division into sublems (Luis Vicente Varela, "La
Democracia Práctica", Paris, 1875).
9. Teaching.It
is necessary to introduce into the school system the following data:
political romanticism attempts against the dignity and the autonomy
of the citizen, launching him into a guardianship republic, with
learning of irresponsibility and looting. (9.1) Authorities can not
ignore, however, that adolescents have the right to go through their
political romanticism. (9.2) And young people should be told that
political romanticism is not the Manichaean enemy, but the folklore
of misery, sung by their tritons Shaftesbury, Rousseau, Thoreau,
Robespierre, Louis Bonaparte, Trotsky, and Hitler (Benito Juarez,
Mexico, and Charles De Gaulle, France, were the two more important
victims snatched by these mermaids; at the beginning of the
twenty-first century all countries of Catholic formation, exception
of Italy and Cuba, this one in process of democratization, were
swallowed by that hypnotizing song - South Korea is the exception
outside the Catholic-Islamic club; on the other front, Hindenburg
enriched Germany from 1925 to 1934, and Hitler's inflamed and
plebiscitary populism threw it into the abyss from 1935 to
1945).
10. Round. The candidate wins by the number of
mentions, or total votes in his name. If there are more than two candidates,
each voter votes in the same act on a first and a second option (London is like
this).
(10.1.0) One takes the two most voted in the first
option, A and B. The remaining ones are discarded.
If one of the two is above 50%, he is elected.
(10.1.1) Otherwise, it is done:
X = A + Sa-Bsa
Y = B + Sb-Asb.
A = number of votes in A; Sa = second option votes in
A; Bsa = votes in B with second option in A.
B = number of votes in B; Sb = second option votes in
B; Asb = votes in A with a second choice in B.
(10.1.2) A and B are votes given, respectively, in A
and B, by first option. X and Y are numbers of mentions, respectively, in A and
B.
(10.1.3) If X>Y, A wins the election. If Y>X, B
wins the election. If X = Y, A wins if A>B, and B, if B>A.
If X = Y and A = B, the oldest candidate wins.
(10.1.4) The discount of votes in B with second
option in A occurs because the voter's vote is contradictory if added, because
it does not make sense to vote in the two finalists at the same time.
Example:
In an electoral college with 2,000 valid votes, a
small municipality, suppose that A received 550 votes in the first option, 680
votes in second option (Sa) and, of these, 180 votes in B with first choice in
A (Bsa). The total number of votes in A is X = 550 + 680-180, or X = 1050. Now
suppose that B, the second in the first option, received 470 votes in the first
option, 700 in the second option (Sb), 350 of them being votes of A with second
option in B (Asb). The total number of
votes for B is Y = 470 + 700-350, or Y = 820. In this situation, candidate A
wins the election, with 27.5% of the first-choice votes (550/2000), and 56% of
the total votes, or 1050 / (1050 + 820).
Summary:
To free Brazil
of the destructive romanticism requires: (A) to separate the
positions of chief of government (directly elected in October,
with vice of the same party), and chief of State (chosen by the
Senate in August of each even non-leap year through
nominations of the governors-elect) - it has to be before the
election of October, in order to prevent contaminations of possible
populisms; (B) to allow one subsequent reinstatement of the chief
of government, but no re-election of the Federal President; (C)
double vote of the Citizen, in first party option
and second party option, to chief of government, performing two
"rounds" in one single vote; (D) to maintain the chief of
government in Brasilia, but to install the residence of the Federal
President in Rio (Bonn Effect: Premier in Bonn and Federal
President in Berlin, secular capital); (E) to make half plus one
of the ministers among members to the party that makes more seats in
the House - if the reduction to ten comes, six are of the party with
more representatives, counted on the day of the inauguration; also
to make half of the ministers in the "technical" elite
(exact sciences and technology) and half in the classical elite
(biomedical sciences and humanities); (F) to maintain the
constitutional rule of presidential election and substitution as
valid for chief of government, while the FC omits the Federal
President; (G) that the Federal President transforms the
chief-minister into his attorney for civil appointments and
contracts; (H) to resume the regional division of 1913, one dissolving the Southeast Region of Golbery (1970);
(I) to work so that the maximum number of parties in the Houe is six
- J. Borely proposes seven as maximum number, but we should
exclude the party strictly of center, once this does not exist; (J) to educate young people against the political
romanticism.
Cacildo Marques - S. Paulo - February 2017