HE FEDERAL REPUBLIC OF BRAZIL FOR 1988 TITLE II - Rights and Fundamental Guarant ees, CHAPTER I DUTIES AND OBLIGATIONS OF INDIVIDUAL AND COLLECTIVE, Article 5 Al l are equal before the law, without distinction whatsoever, guaranteeing Brazili ans and foreigners residing in the country the inviolable right to life, liberty , equality, safety and property, as follows: XXXIV - are ensured to everyone, re gardless of the payment of fees: a) the right to petition the Government in defe nse of rights or against illegal acts or abuse of power, I come, very respectful ly, suggests that this Court, do the following criterion for the definition of r eplacement Parliamentary who has resigned or been impeached because of the view that the substitution does not fits, and the suggestions arising from the evalua tion of the ramifications of their deployment. Criterion Substitution - O (s) Pa rliamentary (s) who has (have) been revoked (s) or waived (s) shall (will) be re placed (s) by (s) Candidate (s) has (m) had "greater individual vote" among the non-elected, the amount of vacancy (s) available (s) depending on (s) waiver (s) or forfeiture (s), other (s) Candidate (s) belonging ( m) to (s) Coalition (s) of the Parliamentary (s) which (s) "contract (s) of representation," is (are) no w denounced (s), since a (s) waiver (s) or forfeiture (s) cancels the (s) contra ct (s) of Parliamentary representation, preventing the (s) even (s) has (m) cont inuity through a substitute. Motivational premise - This suggestion, in particul ar, is related to the most important moment in the history of Elections, therefo re, we are experiencing a grateful awareness of established power to act in resp ect to rights are, so that responsibilities are historically denied and renegade being properly assumes, at then, I force myself to make every effort to me are allowed by law, to try to participate in a proactive way, construction and devel opment of criteria fair and legitimate that can add to the vote of every citizen to Respectability Credibility and intrinsically worthy, so I feel obliged to he lp in the crystallization of criteria that can, somehow, to establish principles of merit (Reward and Punishment) and the evolution of a system that ensures the quality of representation, allowing the conditions PEOPLE actual choice, as cur rently occurs only, and only the exchange of six (6) by 6 (half dozen). Premise of the suggestion - I understand that the Parliamentary Mandate, is inherently a "contract of service of representation," so he must be applied to legal princip les, the acceptance and implementation, national and international, compatible w ith a "commercial contract" where the termination by either party Legitimate by the Contractor represented by the Warrant of Cassation by the Contractor's waive r, the law becomes null, preventing the same, Suggested Criteria for Waiver REPL ACEMENT Parliamentary Electoral Superior Court Square Superior courts - Block C BrasÃlia - DF CEP 70096-900 may have its continuation by any party involved in it. This premise has the obje ctive of emphasizing the importance of efficient criteria exist for choosing can didates for Partisan Coalition / Political Party, so that the termination of the contract highlight the bad choice, why, transfer to another party coalition / P olitical Party in possession of "contract", now withdrawn, is imperative and cru cial, where the criterion to be used in substitution is suggested above, as well as to specify clearly and objectively as you can substitute just as the possess ion of mandate by Partisan Coalition / Political Party, that is, due to temporar y absence (or removal by health activity in positions of trust in the executive or judicial) or permanent (in case of death of the Parliamentary). Characteristi cs of Contract Service Delivery of a parliamentary mandate that are compatible w ith a Contract Business: Contractor - PEOPLE represented by the Brazilian Electo ral Justice. Contractor - party coalition, Corporations Formally Organized legit imately represented by the elected Parliament previously and formally indicated by the list of candidates. Object of the Contract - Provision of services as spe cified in the Legislation, Rules and Guidelines related Parliamentary Mandate. Pay - Parliamentary (Salaries and Benefits specified by the legislation in force ) and the Partisan Coalition / Political Party (Participation of Parties in the Fund, Time Free Elections, as contained in any other legislation in force). 1. B reakdown of Tip - Once the interest in impeachment supporter, I suggest that (s) Case (s) appeal (s) handled in Congress, have the investigative purposes only, compatible with a process CPMI - Joint Parliamentary Committee of investigation, since there should be no impeachment by political interests, therefore, rest wi th the judiciary, represented by this Court, the legal prosecution of the facts presented and decide the appeal, or not .. 2. Breakdown of Suggestion - It was e vident that the Responsible election on 1st. Instance is the party coalition and not the political party, therefore, suggest that the premise is established cur rently reviewed by ensuring that the Parliamentary possibility of changing parti es in the context of party coalition, without any prejudice to the Parliamentary . Considerations clearly support the suggestion Base and Tips occurred depending on the acceptance of this, which are set up: 1st. Consideration - the electoral process has to add the principle of Merit, which should allow a process of natu ral selection and qualification of Representatives Dignitaries of Parliamentary Mandate, to ensure the urgent and visceral, credibility and respect, given by th e VOTE EVERY Citizen Brazil, here I point out that the volume of abstentions (Vo tes NULL, WHITE and justify) the eaves is 30% of Votes Suggested Criteria for Wa iver REPLACEMENT Parliamentary Electoral Superior Court Square Superior Courts - Bloco C Brasilia - DF CEP 70096-900 Possible, in an electoral system where voting is COMPULSORY Constitutionally, wh at is clear proof of the feeling of disbelief and disgust by the Brazilian Voter Electoral System available 2nd. Consideration - Eliminate the possibility of se curing elective office through an indirect election, because there is no justifi cation for the OOF (by removal of the Parliamentary Health, Office of Cargo Conf idence in the executive or legislative branch) or the permanent absence (Death o f Parliamentary) , one should not accept as plausible substitute, put here as an example, the indirect election of the Current Mayor of São Paulo, that is, the resignation of Mayor Elect of São Paulo Jobs motivated by the government of Sà £o Paulo state, secured this indirect election, with the refinement that the wai ver was quoted object COMMITMENT (if my memory serves me right, even notarized) by the then Candidate, who resigned Elected to the Hall, so the above indirect e lection is fraught with "BAD FAITH", which in itself should already make it null and void, besides, how many voters voted for directly-elected mayor who would r efuse to do so, if the directions were Mayor Candidate Elected Indirectly " , pu re manipulation intentions, aspirations and expectations of the Elector, rebound here, the fact that the Directly Elected Mayor took 2 (two) years to resign, bu t could have done it with only 1 (one) day in office, because yet the indirect e lection would be assured. 3rd. Consideration - the Brazilian citizen must be gua ranteed conditions for stereotypes as "The Brazilians do not know how to vote" i s really a reflection of their civic demonstration, performed by your vote, the electoral system has allowed only, and only, that this voter choice between six (6) and 6 (half dozen). 4th. Consideration - The electoral system should at leas t lead the party coalitions and political parties to create and use efficient se lection criteria in choosing their candidates, therefore, the responsibility of Voters for Choice, passing first by the Responsibility of the statement made by Partisan Coalition / Political Party holds, the mandate was given to the elected parliament. Sincerely, Plinio Marcos Moreira da Rocha Rua Gustavo Sampaio on. 112 apt. 603 RUDDER - Rio de Janeiro CEP 22010-010 Tel (21) 2542-7710 or 2295-7208 Occupation - Systems A nalyst Suggested Criteria for Waiver REPLACEMENT Parliamentary Electoral Superior Court Square Superior Courts - Bloco C Brasilia - DF CEP 70096-900