The Brazilian nation is facing the impasse of having to live with a solution that means to maintain in power until the presidential elections of 2018 the kleptocracy that governs Brazil. This solution is unacceptable to all Brazilians who want Brazil to go through the path of economic, social, political and moral progress. This solution would aggravate further the gigantic economic crisis that has affected Brazil since 2014.

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THE DISMANTLING OF POLITICAL AND LEGAL SUPER STRUCTURE IN
BRAZIL
Fernando Alcoforado *
The result of the trial by the TSE- Supreme Electoral Tribunal of the Dilma / Temer
candidates for the Presidency and Vice-Presidency of the Republic accused of
corruption in the 2014 presidential elections demonstrates unequivocally that the
Judiciary had its credibility deeply compromised by the stupefying decision of the TSE
to absolve the two candidates despite the evidence of corruption pointed out by the
Minister's rapporteur on the corruption process, Herman Benjamin. It should be
excluded from this decision that muddies the Judiciary ministers Herman Benjamin,
Luiz Fux and Rosa Weber, who voted for the condemnation of the two candidates based
on the process data, while the others surrendered to the impositions of the Planalto
Palace to avoid the cassation of Michel Temer.
Recent political facts demonstrate that Brazil's political and legal institutions are
crumbling. In the Executive Power, we have a President of the Republic without any
credibility, totally demoralized by the accusations of corruption and surrounded by
ministers, also responding to crimes of corruption. In addition, the press reports that
President Temer has activated ABIN, a substitute intelligence agency of the former SNI
of sad remembrance, to try to demoralize the Minister Edson Fachin of STF- Federal
Court of Justice and the Attorney General of the Republic, Rodrigo Janot, to avoid
opening the process of corruption he practiced, a fact that was strongly reprimanded by
President Carmen Lúcia of the STF which characterized this attitude as typical of
dictatorships.
Meanwhile, in the Legislative Power, we have a large part of its parliamentarians
demoralized for responding to corruption. In the Judiciary Power, there are conflicts
between some ministers among themselves in the issue involving the fight against
corruption, especially Lava Jato Operation, and between Minister Gilmar Mendes of the
Federal Supreme Court and the Attorney General's Office. While institutions are
crumbling and Brazil is governed by a kleptocracy, that is, by thieves, the country is
faced with an economic crisis whose solution is not seen in the short term and the great
majority of the Brazilian population faces mass unemployment, famine and misery.
Under current conditions, the Brazilian Constitution provides that, in the event of the
vacancy of the presidency of the Republic, that is, with the resignation or cassation of
Michel Temer for the crime of corruption, the president of the Chamber of Deputies,
Rodrigo Maia, which would have 30 days to hold indirect elections by the National
Congress. The president-elect shall complete the term of office of his predecessor. It is
said that Rodrigo Maia himself would be elected by his peers in the National Congress.
This constitutional solution, however, conspires against the future of the Brazilian
nation, since the president of the Chamber of Deputies, Rodrigo Maia, is one of those
investigated in Lava Jato Operation and the voters of the future president of the
Republic are the congressmen of the National Congress which presents in its
composition many political evildoers involved in crimes of corruption and who may
elect a comparsa for the presidency of the Republic.
The Brazilian nation is facing the impasse of having to live with a solution that means
to maintain in power until the presidential elections of 2018 the kleptocracy that
governs Brazil. This solution is unacceptable to all Brazilians who want Brazil to go

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through the path of economic, social, political and moral progress. This solution would
aggravate further the gigantic economic crisis that has affected Brazil since 2014. It
urges the constitution of a national salvation government to stop the economic
"bleeding" in which Brazil is found since 2014. The growth of corporate bankruptcies
and of the number of unemployed in the last two years demonstrates the need for a
national salvation government.
This situation of corporate bankruptcies and mass unemployment is the result of the
maintenance by the Michel Temer government of the neoliberal economic policy that
has devastated the Brazilian economy from 1990 to the present. Michel Temer's stay in
power would mean continuing the economic "bleeding" that leads Brazilian companies
to bankruptcy and the suffering of the immense majority of the Brazilian population
with mass unemployment. This situation will only come to an end with the departure of
Michel Temer from the presidency of the Republic and his ruling group with the
installation of a national salvation government made up of personalities with proven
competence and unblemished morality to convene a new Exclusive Constituent
Assembly to correct the distortions of the Constitution of 1988 and make it possible to
establish new directions for Brazil, not only in the economic, political and social, but
also in the ethical and moral spheres. After the Constituent Assembly, with the political
sanitation of Brazil, general elections would be called.
The convocation of a new Exclusive Constituent is imposed due to the bankruptcy of
the Brazilian political model that results from the current presidentialism that has failed
completely because it does not guarantee the political-institutional stability of the
country and is being a hindrance to its economic and social development. In addition,
the country's political system is contaminated by corruption and representative
democracy in Brazil manifests clear signs of exhaustion by reducing political activity to
mere electoral processes that recur periodically in which the people elect their
representatives who, with few exceptions, after elections, they defend interests of
economic groups as opposed to the interests of those who elected them.
One fact is clear: Brazil, as an economic, political, administrative and social
organization, is disintegrating. Signs of disintegration are evident everywhere in the
country whether in government, economy or society. This situation will only come to an
end with the implementation of a new political system in Brazil that contemplates the
replacement of presidentialism by parliamentarism, the institutionalization of the social
control of those elected by the people, who must have the tools to initiate processes of
cassation of mandates when there is the non-fulfillment of promises of election
campaign by the candidates and the participation of the population in the decisions of
the government through plebiscite and / or referendum.
Any solution other than the rejection of the continuity of the rotten political system in
force can mean the increase of civil disobedience in Brazil that results fundamentally
from the divorce between the State and Civil Society. Civil disobedience can result in 2
scenarios: 1) the construction of a new social pact, through a new Constituent
Assembly, in which the foundations of a new coexistence between the sectors of Civil
Society and of it with the State; And 2) the civil war when dissent makes it impossible
to build a new social pact that ends with the conquest of the state by one of the sectors
of civil society in conflict that imposes its will on others. The construction of a social
pact requires consensus in Civil Society regarding the terms of the Constitution to be
drafted and the laws that result from it. In Brazil, it is urgent to reform the State and

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Public Administration based on a new Constitution so that a new social pact will enable
a new consensus in the country. Without the social pact, the way to civil war in Brazil
will be opened.
*Fernando Alcoforado , member of the Bahia Academy of Education, engineer and doctor of Territorial
Planning and Regional Development from the University of Barcelona, a university professor and
consultant in strategic planning, business planning, regional planning and planning of energy systems, is
the author of Globalização (Editora Nobel, São Paulo, 1997), De Collor a FHC- O Brasil e a Nova
(Des)ordem Mundial (Editora Nobel, São Paulo, 1998), Um Projeto para o Brasil (Editora Nobel, São
Paulo, 2000), Os condicionantes do desenvolvimento do Estado da Bahia (Tese de doutorado.
Universidade de Barcelona, http://www.tesisenred.net/handle/10803/1944, 2003), Globalização e
Desenvolvimento (Editora Nobel, São Paulo, 2006), Bahia- Desenvolvimento do Século XVI ao Século XX
e Objetivos Estratégicos na Era Contemporânea (EGBA, Salvador, 2008), The Necessary Conditions of
the Economic and Social Development-The Case of the State of Bahia (VDM Verlag Dr. Muller
Aktiengesellschaft & Co. KG, Saarbrücken, Germany, 2010), Aquecimento Global e Catástrofe
Planetária (P&A Gráfica e Editora, Salvador, 2010), Amazônia Sustentável- Para o progresso do Brasil e
combate ao aquecimento global (Viena- Editora e Gráfica, Santa Cruz do Rio Pardo, São Paulo, 2011),
Os Fatores Condicionantes do Desenvolvimento Econômico e Social (Editora CRV, Curitiba, 2012),
Energia no Mundo e no Brasil- Energia e Mudança Climática Catastrófica no Século XXI (Editora CRV,
Curitiba, 2015) and As Grandes Revoluções Científicas, Econômicas e Sociais que Mudaram o Mundo
(Editora CRV, Curitiba, 2016), among others.