Alicinha Veloso: human rights in Canada and Brazil
Column by Alicinha Veloso
Human rights in Canada and Brazil
By Alicinha Veloso, rreview by Renata Campos
Learn about your rights as a Canadian citizen, how they are protected, and how to file a complaint if you believe you have been discriminated against. Remember that immigrants who have permanent residency have the same rights as Canadian citizens, except for the right to vote.
See also in this text, what human rights are and how they are guaranteed in the Brazilian Constitution of 1988.
Brazilians' views on human rights
In the opinion of two out of three Brazilians, human rights protect criminals more than their victims. The data comes from a survey by the Ipsos institute. "People are conceptually in favor of what they understand human rights to be, and what they would like to see applied to this concept. But, from the point of view of concrete reality, they think that today such rights serve to protect criminals," said Danilo Cersosimo, director of Ipsos.
Human rights will not guarantee impunity, they will guarantee that the person has a defense, has a fair trial. This is difficult to understand. Human rights are the basic rights of all human beings, such as the right to life. But they also include the right to housing, health, freedom and education. There are many rights - civil and political, such as the right to vote, freedom. And the right to due process. Democracy is practically synonymous with human rights. As immigrants, it is necessary to have in-depth knowledge of your rights in your home country and in the host country.
About human rights
Human rights have been described as the legitimate rights that a person can claim simply because they are human beings. They describe how we rightly expect to be treated as people. Human rights define what we are all entitled to: to live with equality, dignity and respect, without discrimination or harassment.
In Canada, your rights are protected by the Constitution of Canada and other federal, provincial and territorial laws. These rights are consistent with those set out in international treaties ratified by Canada.
Canada’s human rights laws are derived from the Universal Declaration of Human Rights. In 1948, John Humphrey, a Canadian lawyer and scholar, played a key role in drafting the Declaration. Once completed, the Declaration provided a list of 30 articles outlining universal human rights. The first two articles deal with equality and the right to live without discrimination, which is the basis of the Canadian Human Rights Act.
The Canadian Human Rights Act of 1977 protects against discrimination against those in Canada who are employed by the federal government, First Nations governments or federally regulated private companies, such as banks, trucking companies, broadcasting companies and telecommunications companies. The act also protects people when they receive services from these entities. Individuals can rely on the Canadian Human Rights Act to protect themselves from harassment or discrimination when it is based on one or more grounds of discrimination, such as race, age and sexual orientation.
The Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms of 1982 is enshrined in the Constitution of Canada. It protects the right of every Canadian citizen to be treated fairly under the law. It guarantees the expanded right to equality and other fundamental rights and freedoms, such as freedom of expression, freedom of assembly and freedom of religion. It applies only to governments and not to businesses, private organizations or individuals.
A person cannot therefore generally invoke the Charter to attack the actions of a company, a private organization or an individual not acting on behalf of the government. It protects the rights of all Canadians against violations of other laws, policies or measures enacted by governments, including government services such as the police.
What is harassment?
Harassment is a form of discrimination. It is any unwanted physical or verbal behavior that is shocking or humiliating. In general, harassment is behavior that persists over time. Serious one-off incidents can sometimes also be considered harassment.
Harassment occurs when a person makes unwanted comments or jokes about your race, religion, gender, age, disability or any other discriminatory reason; threatens or intimidates you; makes unnecessary physical contact with you, such as touching, patting, pinching or hitting, which can also be considered assault.
Here are some examples of harassment:
a male colleague makes fun of the hijab a female colleague wears;
a manager makes inappropriate comments about your appearance;
an employee threatens your safety after a sudden argument; a boss gives you shoulder massages despite your repeated objections.
What is discrimination?
Discrimination is an action or decision that has the effect of treating a person negatively because of, for example, race, age or disability. These reasons are grounds for discrimination and are protected by law.
Grounds for discrimination:
the race;
national or ethnic origin;
the color;
religion;
the age;
sex;
sexual orientation;
gender identity or expression;
marital status;
the family situation;
a disability;
genetic characteristics;
a conviction that has been the subject of a pardon or suspension of the criminal record (or pardoned person status).
Discrimination can take many forms. Here are some examples::
*A bank has criteria that make it very difficult for new immigrants to get a loan. This may be a form of discrimination because of two prohibited grounds of discrimination: race and national or ethnic origin.
*A person is automatically referred for a second screening at airports because of their skin color. This can be a form of discrimination because of their skin color.
*An employer assigns weekend shifts to employees without asking whether they are observing the Sabbath which prevents them from working that day. This may be a form of discrimination based on religion.
*An employer's fitness requirements are based on the average for a 25-year-old adult rather than being set according to job requirements. This may be a form of age discrimination.
*A highly performing employee announces that she is pregnant. Her employer immediately begins to find deficiencies in her performance, leading to her dismissal. This may constitute discrimination on the basis of sex.
*A policy provides benefits to some couples but not to others. This may be a case of discrimination because of two prohibited grounds of discrimination: sexual orientation and marital status.
*An employee cannot continue working the night shift because she cannot find childcare for her son. Her employer refuses to give her flexible daytime hours. This case may be a form of discrimination due to her family status.
*An employer requires all employees to have a valid driver's license. People who cannot drive due to a disability do not have the opportunity to demonstrate that they can still perform the required tasks, for example, using public transportation. This may be a form of discrimination because of a disability.
*A person is denied employment because of a conviction that has been subject to a pardon or expungement of the criminal record. This may be a form of discrimination based on pardoned status.
*A person is denied a job after sharing the results of his or her genetic testing with a potential employer. The situation could be a case of discrimination because of genetic characteristics.
*A policy requires people to identify as male or female. This may be discrimination based on gender identity or expression.
How to file a complaint
If you believe you have been discriminated against, you can file a complaint with the Canadian Human Rights Commission.
The rights of people in our provinces
Provincial and territorial human rights laws share many similarities with the Canadian Human Rights Act and apply many of the same principles. They protect people from discrimination in areas of provincial and territorial jurisdiction, such as restaurants, stores, schools, homes and most workplaces.
The Human Rights Commission is an independent agency of the government and carries out its mission for the exclusive benefit of citizens and in the public interest.
The Commission's mandate is to promote and respect the rights set out in:
*Charter of rights and freedoms;
*Youth Protection Act;
*Juvenile Criminal Justice Act;
It must also ensure the application of:
*The law on equal access to employment in public bodies
The Charter of Rights and Freedoms:
Let's take a closer look at the rights the Charter protects (the best way to do this is, of course, to read the Charter - it's clear and straightforward).
The rights guaranteed by the Charter are divided into several categories:
*fundamental freedoms
*democratic rights
*legal guarantees
*equality rights
*official languages
*educational rights in the minority language.
Here are some of the main rights:
Fundamental freedoms (Article 2):
*freedom of conscience and religion;
*freedom of thought, belief, opinion and expression, including freedom of the press and other media;
*freedom of peaceful assembly;
*freedom of association.
Democratic rights (articles 3, 4 and 5):
*right to vote;
*maximum term of office of legislatures.
Freedom of movement and establishment (Article 6):
*right to move throughout the country and live in any province;
*right to earn a living in any province;
Legal guarantees (articles 7-14):
*life, liberty and security
*protection against unreasonable search or seizure;
*protection against arbitrary arrest or detention;
*the right to be informed as quickly as possible of the reasons for your arrest or detention;
*right to advise;
*the right to be tried within a reasonable time by an impartial tribunal;
*right to be considered innocent;
*protection against incriminating testimony;
*protection against all cruel and unusual punishments;
*right to assistance from a court-appointed interpreter.
Equality rights (Article 15):
*equality before the law;
*equal benefits and equal protection of the law without regard to any discrimination based on race, national or ethnic origin, color, religion, sex, age, mental or physical disability.
Linguistic rights:
*French and English are the official languages of Canada;
*rights to teach minority languages in certain circumstances.
The law on equal access to employment in public bodies
This Bill of Rights and Human Rights Amendment Act came into force on April 1, 2001 and affects all organizations employing 100 or more people in the provincial and municipal sectors, education, health and social services, and other organizations such as Crown corporations.
The goal is to make the staff of these organizations more representative of a growing and more diverse workforce.
More specifically, the Law aims to promote, in the workforce of public bodies, a greater representation of groups frequently discriminated against in employment, namely:
*women;
*indigenous peoples;
*members of visible minorities;
*members of ethnic minorities whose mother tongue is not French or English;
*people with disabilities.
This will help to reduce the effects of discrimination that these groups may have suffered and to draw on all the knowledge and skills available to the Quebec population.
Although it is not related to intentional individual behavior, it can be observed in many companies and organizations that members of these groups, with equal competence, are missing some positions or have fewer opportunities for advancement. For these groups, discrimination, far from being an isolated act, derives from systems, practices and rules, the effect of keeping them in a situation of inequality.
An equal access program allows the organization implementing it to identify and remove
rules and practices of the employment system that may be discriminatory.
The Commission on Human Rights and Youth Rights is responsible for ensuring the implementation of this law.
The Youth Protection Act
The Youth Protection Act is a Quebec law that establishes the rights of children and parents and the principles that guide social and judicial interventions in matters of youth protection in Quebec. It was adopted by the National Assembly of Quebec on December 16, 1977.
This law is applied in exceptional situations. This exceptional character derives from its general principles, particularly and briefly:
*The primacy of the parents' responsibility to take on the care and education of their child;
*Decision-making in the interest of the child and respect for their rights;
*Maintaining the child in his/her family environment or, when this is impossible, continuity of care and stability of living conditions appropriate to his/her needs and age;
*Treating the child and his/her parents with courtesy, fairness and understanding; ensuring that they are well informed and understand; diligence; choosing the resource nearby, taking into account their views and the cultural characteristics of their community;
*The right to services of an attorney, the right to refuse, the right to adequate services, the right to confidentiality and confidential communications.
The principles of the sentence:
*the sentence shall not, in any case, result in a more severe sentence than that which would be indicated in the case of an adult guilty of the same offence;
*the penalty must be similar to that imposed on other adolescents in a similar situation for the same crime;
*the sentence must be proportionate to the gravity of the offense and the degree of responsibility of the young person;
*depending on the degree of responsibility of the young person, the sentence must: be as less restrictive as possible; offer the young person the best chance of rehabilitation and social reintegration; create meaning and awareness of responsibilities, including recognition of the harm caused.
With regard to the detention of young people:
*Detention in custody should not be used as a substitute for youth protection or mental health services, or other more appropriate social measures.
*The judge must find out, before placing the young person in custody, if there is a trustworthy, capable and willing person to care for him.
The Youth Protection Act requires the Youth Protection Officer to intervene when notified of a situation where a child's safety or development may be compromised.
According to section 38 of the Act, "For the purposes of this Act, the safety or development of a child is considered to be in danger when he or she is in a state of neglect, neglect or psychological abuse, sexual abuse or physical abuse, or where there are serious behavioural problems."
According to Article 38.1 "...the safety or development of a child may be considered to be compromised:
*if he leaves his own home without permission, a foster family or an institution maintained by an institution operating a rehabilitation center or a hospital center where his situation is not covered by the director of the youth protection institution;
*is of school age and does not attend school or is frequently absent from school without reason;
*if your parents do not fulfill their duties of care and education towards your children or do not deal with them in a stable manner, then you have been under the care of a school or a host family for one year."
The Human Rights and Youth Rights Commission has the power to investigate, take legal action and make recommendations if it has reason to believe that the rights of a child or group of children have been harmed.
Juvenile Criminal Justice Act
In Canada, children aged 12 to 17 who are charged with a criminal offence have special legislation designed for them: the Youth Criminal Justice Act, which holds young people accountable for their actions and encourages their social reintegration. This is one of the reasons why Canada is a country with good security, as the sentence is tailored to the needs and conditions of the young offender and the reintegration of young people is generally well-guided and successful.
The Youth Criminal Justice Act contains a preamble and a statement of principles that apply throughout the Act. The preamble is made up of important statements by Parliament about the core values of the Act. These statements can help to facilitate the interpretation of the Act. The preamble states in part that:
*society must respond to the needs of adolescents and help them in their development;
*communities, families and others need to form partnerships to prevent juvenile delinquency by addressing its causes, meeting the needs of adolescents and offering support and counseling;
*the public must have access to information about the juvenile justice system, juvenile delinquency and the effectiveness of measures taken to control it;
*adolescents enjoy special guarantees for the exercise of their rights and freedoms, in particular those established in the United Nations Convention on the Rights of the Child;
*the juvenile criminal justice system must take into account victims' rights and promote accountability through positive measures, rehabilitation and reintegration;
*the juvenile criminal justice system should limit the harshest measures to the most serious crimes and reduce the use of incarceration for nonviolent juveniles.
The statement of principles sets the policy framework for the law.
In the Youth Criminal Justice Act, the custody order was replaced by a custody and supervision order. As part of this order, the young person is serving part of their sentence in custody and part in the community.
Several new sentencing options that allow youth court judges to deal with the full range of youth-related offences have also been introduced in the Youth Criminal Justice Act:
Reprimand:
This is essentially a warning or stern reprimand given by the judge to a young person who has committed a minor offence, when arrested, having already been involved in the proceedings and reprimand seems to be sufficient to hold him accountable.
Order to follow an intensive care and supervision program:
The young person on whom this sentence is imposed benefits from more help and support in their approach compared to probation in order to modify their behavior.
Prescription to participate in a program:
The young person is required by order to follow a program, on the dates and in accordance with the procedures established by the court. The order takes into account the particular circumstances of the young person. For example, it may target specific times and days when the young person is not served and is likely to break the law.
Order of Application and Deferred Supervision:
A young person who is to be remanded in custody may serve his sentence in the community under the conditions laid down. If he breaches these conditions, he may be remanded in custody. The court cannot make such an order in the case of offences where the young person has inflicted or attempted to cause serious bodily harm.
Order of Placement and Supervision in an Intensive Rehabilitation Program:
This is a sentence for seriously violent offenders. The court may make this order if: the youth has been convicted of a serious violent crime (homicide, attempted murder, manslaughter, or aggravated sexual assault) or an offense in which he or she inflicted or attempted to inflict serious bodily harm for which an adult is liable to imprisonment for more than two years, and has been convicted of such an offense on at least two occasions; the youth suffers from a mental illness or disorder, psychological disturbance, or emotional disturbance; a treatment program has been developed to meet the needs of the youth; an appropriate program exists and the youth’s participation is indicated.
The federal government provides special funding to provinces and territories to ensure that intensive rehabilitation programs are accessible across the country.
HUMAN RIGHTS IN BRAZIL
The Universal Declaration and the 1988 Constitution
Here is the Universal Declaration of Human Rights in its entirety, approved by the United Nations General Assembly (UN) on 10/12/48. Below we indicate its equivalent in the Brazilian Constitution of 1988:
HUMAN DIGNITY
I. All men are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Art. 5, I - men and women are equal in rights and obligations, under the terms of this Constitution.
NON-DISCRIMINATION
II. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made based on the political, legal or international status of the country or territory over whose jurisdiction a person depends, whether it be an independent country, a trust territory, a non-self-governing territory or one subject to any other limitation of sovereignty.
Art. 5, XLI - the law shall punish any discrimination that violates fundamental rights and freedoms:
Art. 5, XLII - the practice of racism constitutes an unbailable and imprescriptible crime, subject to imprisonment, in accordance with the law;
LIFE, LIBERTY AND SECURITY
III. Everyone has the right to life, liberty and security of person.
Art. 5 - All are equal before the law, without distinction of any nature, guaranteeing Brazilians and foreigners residing in the country the inviolability of the right to life, liberty, equality, security and property...
SLAVERY
IV. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
TORTURE
V. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Art. 5, III - no one shall be subjected to torture or inhuman or degrading treatment;
Art. 5, XLIII - the law will consider the practice of torture, illicit trafficking of narcotics and similar drugs, terrorism and crimes defined as heinous as non-bailable crimes and not subject to pardon or amnesty, with those who order the crimes, those who carry them out and those who, being able to prevent them, fail to do so, being held liable;
Art. 5, XLIX - prisoners are guaranteed respect for their physical and moral integrity;
Art. 5, L - female prisoners will be guaranteed conditions so that they can remain with their children during the breastfeeding period;
V. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Art. 5, III - no one shall be subjected to torture or inhuman or degrading treatment;
Art. 5, XLIII - the law will consider the practice of torture, illicit trafficking of narcotics and similar drugs, terrorism and crimes defined as heinous as non-bailable crimes and not subject to pardon or amnesty, with those who order the crimes, those who carry them out and those who, being able to prevent them, fail to do so, being held liable;
Art. 5, XLIX - prisoners are guaranteed respect for their physical and moral integrity;
Art. 5, L - female prisoners will be guaranteed conditions so that they can remain with their children during the breastfeeding period;
HUMAN PERSON
VI. Everyone has the right to recognition everywhere as a human person before the law.
Art. 1 - The Federative Republic of Brazil, formed by the indissoluble union of the States and Municipalities and the Federal District, is a Democratic State of Law and is based on: III - the dignity of the human person.
EQUALITY
VII. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Art. 5, I - men and women are equal in rights and obligations, under the terms of this Constitution.
ACCESS TO JUSTICE
VIII. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Art. 5, XXXV - the law will not exclude from the assessment of the Judiciary Branch injury or threat to rights;
Art. 5, LIII - no one shall be prosecuted or sentenced except by the competent authority.
Art. 5, LXVIII - habeas corpus shall be granted whenever someone suffers or is threatened with suffering violence or coercion in their freedom of movement, due to illegality or abuse of power, whether a public authority or agent of a legal entity in the exercise of Public Power powers.
Art. 5, LXIX - a security mandate will be granted to protect a clear and certain right, not covered by habeas corpus or habeas data when the person responsible is responsible for illegality or abuse of power.
Art. 5, LXXI - an injunction will be granted whenever the lack of a regulatory standard makes the exercise of constitutional rights and freedoms, and the prerogatives inherent to nationality, sovereignty and citizenship, unfeasible.
Art. 5, LXXII - habeas data shall be granted: a) to ensure knowledge of information relating to the person of the petitioner... b) for the rectification of data...
Art. 5, LXXIV - the State will provide full and free legal assistance to those who prove insufficient resources.
Art. 5, LXXVII - habeas corpus and habeas data actions are free of charge and, in accordance with the law, the acts necessary for the exercise of citizenship.
HABEAS CORPUS
IX. No one shall be subjected to arbitrary arrest, detention or exile.
Art. 5, LXI - no one shall be arrested except in flagrante delicto or by written and substantiated order of a competent judicial authority, except in cases of military transgression or a strictly military crime, as defined by law;
Art. 5, LXII - the arrest of any person and the place where they are found will be immediately communicated to the competent judge and the family of the prisoner or the person indicated by him;
Art. 5, LXIII - the prisoner will be informed of his rights, including the right to remain silent, and will be assured of assistance from his family and a lawyer;
Art. 5, LXIV - the prisoner has the right to identify those responsible for his arrest or police interrogation;
Art. 5, LXV - illegal arrest will be immediately released by the judicial authority;
Art. 5, LXVI - no one shall be taken to prison or held there, when the law allows provisional freedom, with or without bail.
Art. 5, LXVII - there will be no civil imprisonment for debt, except for that of the person responsible for the voluntary and inexcusable failure to pay maintenance and that of the unfaithful depositary.
DUE PROCESS OF LAW
X. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Art. 5, XXXVII - there will be no exceptional court or tribunal;
Art. 5, XXXVIII - the institution of the jury is recognized, with the organization provided for by law, ensuring: a) the fullness of the defense; b) the secrecy of the votes; c) the sovereignty of the verdicts; d) the competence to judge intentional crimes against life;
INNOCENCE
XI. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. No one shall be held guilty of any crime on account of any act or omission which, at the time when it was committed, was not a penal offence, under national or international law. Nor shall a heavier penalty be imposed than that which was applicable at the time when the crime was committed.
Art. 5, XXXIX - there is no crime without a prior law that defines it, nor punishment without prior legal imposition;
Art. 5, XL - the criminal law shall not be retroactive, except to benefit the defendant;
Art. 5, XLV - no penalty shall be extended beyond the person of the convicted person, and the obligation to repair the damage and the decree of forfeiture of assets may, in accordance with the law, be extended to the successors and executed against them, up to the limit of the value of the transferred assets;
Art. 5, XLVI - the law shall regulate the individualization of the penalty and shall adopt, among others, the following: a) deprivation or restriction of liberty; b) loss of assets; c) fine; d) alternative social benefit; e) suspension or prohibition of rights;
Art. 5, XLVII - there shall be no penalties: a) death, except in the case of declared war, under the terms of art. 84, XIX; b) perpetual; c) forced labor; d) banishment; e) cruel;
Art. 5, LIV - no one shall be deprived of their liberty or their property without due process of law;
Art. 5, LV - litigants, in judicial or administrative proceedings, and defendants in general are guaranteed the right to a hearing and full defense, with the means and resources inherent thereto;
Art. 5, LVI - evidence obtained by illicit means is inadmissible in the proceedings;
Art. 5, LVII - no one shall be considered guilty until a final criminal conviction has been handed down.
RIGHT TO PRIVACY
XII. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Art. 5, X - the privacy, private life, honor and image of people are inviolable, ensuring the right to compensation for material or moral damage resulting from their violation;
Art. 5, XI - the home is the inviolable asylum of the individual, and no one may enter it without the consent of the resident, except in the case of a flagrant crime or disaster or to provide assistance, or during the day, by judicial order;
Art. 5, XII - the confidentiality of correspondence and telegraphic, data and telephone communications is inviolable, except in the latter case, by court order, in the cases and in the manner established by law for the purposes of criminal investigation or criminal proceedings;
FREEDOM TO COME AND GO
XIII. Everyone has the right to freedom of movement and residence within the borders of each State. Everyone has the right to leave any country, including his own, and to return to his country.
Art. 5, XV - movement within the national territory is free in times of peace, and any person may, in accordance with the law, enter, remain in or leave it with their property;
XIV. Everyone has the right to seek and to enjoy in other countries asylum from persecution. This right may not be invoked against a judicial action actually arising from ordinary crimes or from acts contrary to the purposes and principles of the United Nations.
Art. 5, XLIV - everyone is guaranteed access to information and the confidentiality of the source is protected, when necessary for professional practice;
Art. 5, LI - no Brazilian shall be extradited, except for those who have been naturalized, in the case of a common crime committed before naturalization or proven involvement in illicit trafficking of narcotics and similar drugs, in accordance with the law;
Art. 5, LII - the extradition of a foreigner for a political or opinion-based crime will not be granted;
NATIONALITY
XV. Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Art. 12, §2º - The law may not establish a distinction between natural-born and naturalized Brazilians, except in the cases provided for in this Constitution.
FAMILY
XVI. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They shall enjoy equal rights with regard to marriage, its duration and dissolution. A marriage shall not be valid except with the free and full consent of the spouses. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Art. 226 - The family, the basis of society, has special protection from the State.
Art. 227 - It is the duty of the family, society and the State to ensure that children and adolescents, with absolute priority, have the right to life, health, food, education, leisure, professional training, culture, dignity, respect, freedom and family and community life, in addition to protecting them from all forms of neglect, discrimination, exploitation, violence, cruelty and oppression.
PROPERTY
Art. 229 - Parents have the duty to assist, raise and educate their minor children, and older children have the duty to help and support them in old age, need or illness.
XVII. Everyone has the right to own property alone or in association with others. No one shall be arbitrarily deprived of his property. [18]
Art. 5, XXII - the right to property is guaranteed;
Art. 5, XXIII - the property will fulfill its social function;
Art. 5, XXIV - the law shall establish the procedure for expropriation for public necessity or utility, or for social interest, through fair and prior compensation in cash, except for cases provided for in the Constitution;
Art. 5, XXV - in the case of imminent public danger, the competent authority may use private property, ensuring subsequent compensation to the owner, if there is damage;
Art. 5, XXVI - small rural properties, as defined by law, provided they are worked by the family, will not be subject to seizure for payment of debts arising from their productive activity, and the law provides the means to finance their development;
Art. 5, XXX - the right of inheritance is guaranteed;
FREEDOM OF CONSCIENCE
XVIII. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Art. 5, VI - freedom of conscience and belief is inviolable, ensuring the free exercise of religious worship and guaranteeing, in accordance with the law, protection in places of worship and their liturgies;
Art. 5, VII - the provision of religious assistance in civil and military collective internment institutions is guaranteed, in accordance with the law;
FREE EXPRESSION
XIX. Everyone has the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Art. 5, XIV - everyone is guaranteed access to information and the confidentiality of the source is protected, when necessary for professional practice;
Art. 5, IX - the expression of intellectual, artistic, scientific and communication activities is free, regardless of censorship or license;
ASSOCIATION
XX. Everyone has the right to freedom of peaceful assembly and association. No one shall be compelled to belong to any association.
Art. 5, XVI - everyone may assemble peacefully, without weapons, in open or public places, regardless of authorization, as long as they do not frustrate another meeting previously called for the same place, with only prior notice to the competent authority being required;
Art. 5, XVII - freedom of association for lawful purposes is complete, with paramilitary associations being prohibited;
Art. 5, XVIII - the creation of associations and, in accordance with the law, that of cooperatives do not require authorization, and state interference in their operation is prohibited;
Art. 5, XIX - associations may only be compulsorily dissolved or have their activities suspended by judicial decision, requiring a final judgment in the first case;
Art. 1, sole paragraph - All power emanates from the people, who exercise it through elected representatives, or directly, under the terms of this Constitution.
Art. 10 - The participation of workers and employers in the collegiate bodies of public bodies is guaranteed whenever their professional or social security interests are the subject of discussion or deliberation.
Art. 14 - Popular sovereignty shall be exercised by universal suffrage and by direct secret vote, with equal value for all...
Art. 15 - The revocation of political rights is prohibited...
Art. 16 - The law that changes the electoral process will only come into force one year after its enactment.
Art. 17 - The creation, merger, incorporation and extinction of political parties is free, safeguarding national sovereignty, ...the fundamental rights of the human person...
ACCESS TO GOVERNMENT
XXI. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
Everyone has the right to equal access to public office in his country. The will of the people shall be the basis of the authority of public power; this will shall be expressed in genuine elections which shall be held periodically and which shall be by universal and equal suffrage and by secret vote or by other equivalent procedure ensuring freedom of vote.
Art. 7 - The following are the rights of urban and rural workers, in addition to others aimed at improving their social conditions: I - protected employment relationship ...; II - unemployment insurance; III - guarantee fund; IV - minimum wage ...
Art. 8 - Professional or trade union association is free...
Art. 9 - The right to strike is guaranteed, and it is up to the workers to decide whether to exercise it and the interests that should be defended through it.
Art. 11 - In companies with more than two hundred employees, the election of a representative of these employees is guaranteed with the exclusive purpose of promoting direct understanding with employers.
SOCIAL SECURITY
XXII. Everyone, as a member of society, has the right to social security and to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Art. 5, XXXIII - everyone has the right to receive from public bodies information of particular, collective or general interest to them, which will be provided within the time frame established by law, under penalty of liability, except for information whose confidentiality is essential to the security of society or the State;
Art. 5, XXXIV - everyone is guaranteed, regardless of the payment of fees: a) the right to petition the Public Authorities in defense of rights or against illegality or abuse of power; b) the obtaining of certificates in public offices, for the defense of rights and clarification of situations of personal interest;
XXIII. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests.
Art. 5, XIII - the exercise of any work, trade or profession is free, provided that the professional qualifications established by law are met;
LEISURE
XXIV. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Art. 6 - Social rights include education, health, work, leisure, security, social security, protection of motherhood and childhood, assistance to the destitute...
WELL-BEING
XXV. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in wedlock or out of wedlock, are entitled to equal social protection.
Art. 230 - The family, society and the State have the duty to support the elderly, ensuring their participation in the community, defending their dignity and well-being and guaranteeing their right to life.
INSTRUCTION
XXVI. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and vocational education shall be accessible to all, as shall higher education, the latter being based on merit. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. Education shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. Parents shall have a prior right to choose the kind of education which shall be given to their children.
Art. 205 - Education, a right of all and a duty of the State and the family, will be promoted and encouraged with the collaboration of society, aiming at the full development of the person, their preparation for the exercise of citizenship and their qualification for work.
CULTURE
XXVII. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Art. 5, XXVII - authors have the exclusive right to use, publish or reproduce their works, which may be transferred to their heirs for the period established by law;
Art. 5, XXVIII - the following are guaranteed, under the terms of the law: a) protection of participation in collective works and the reproduction of human images and voices, including in sports activities; b) the right to monitor the economic use of works that they create or in which they participate to creators, performers and their respective union and association representatives;
Art. 5, XXIX - the law shall ensure to the authors of industrial inventions a temporary privilege for their use, as well as protection of industrial creations, ownership of brands, company names and other distinctive signs, taking into account the social interest and the technological and economic development of the Country;
Art. 5, XXX - the right of inheritance is guaranteed;
Art. 215 - The State shall guarantee to all the full exercise of cultural rights and access to sources of national culture, and shall support and encourage the appreciation and dissemination of cultural manifestations.
SOCIAL ORDER
XVIII. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Art. 5, XXXI - the succession of assets of foreigners located in the country will be regulated by Brazilian law for the benefit of the Brazilian spouse or children whenever the personal law of the deceased is not more favorable to them;
Art. 193 - The social order is based on the primacy of work, and its objective is well-being and social justice.
SOCIAL DUTIES
XXIX. Everyone has duties to the community in which the free and full development of his personality is possible. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
WARRANTIES
XXX. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Art. 5, LXXVII - § 1 The rules defining fundamental rights and guarantees have immediate application. § 2 The rights and guarantees expressed in this Constitution do not exclude others arising from the regime and principles adopted by it, or from international treaties to which the Federative Republic of Brazil is a party.
A survey conducted by Datafolha, commissioned by the Brazilian Public Security Forum, in 2016, showed that 57% of the population of large Brazilian cities agree with the phrase "a good criminal is a dead criminal". In practice, this statement is a violation of human rights. It means that more than half of the population of large cities defends taking justice into their own hands, disregarding due process in the democratic rule of law and defending the end of someone's life, in other words, violating the most basic principle of human rights: the right to life.
It is understandable to feel indignant when human rights are not respected and the State does not offer us decent conditions. We must fight to ensure that these rights are guaranteed. However, it is unacceptable and unjustifiable for a human being to stand against the rights that protect him.
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