Tuesday, November 24, 2009

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letter organizations, the precursors

Since the man left the caves and their houses of nomadic sedentarizando- and forming a stratified society, emerged professionals dedicated to the art of construction, which have improved, not only in the erection of houses of residence, but also in the temples, public works and works of art. Although they were, these professionals, from its early days, kept between themselves and certain camaraderie and a sense of aggregation, there was actually an organization that brought together, which regulates its activity and to give them a greater sense of professional liability.

was in the Roman Empire, conqueror of Rome, which, because of the very activity of war, emerged in the century BC, the first organized association of builders, Collegia Fabrorum. As the conquest of large parts of Europe, Asia and northern Africa, led to destruction, the collegiate accompanied the Roman legions, to rebuild what was being destroyed by war. Endowed with strong religious nature, this organization did, to work, the sacred nature of a cult to the deities.

Originally polytheistic, became, with the expansion of Christianity, monotheistic, entering, however, in decline, after the fall of the Roman Empire, occurred in 476 AD, although the association persisted in small groups Império Romano do Oriente, cujo centro era Constantinopla.

Na Idade Média é que iria florescer, através do grande poder da época, a Igreja, a hoje chamada Maçonaria Operativa, ou Maçonaria de Ofício, para a preservação da Arte Real entre os mestres construtores da Europa. Assim, a partir do século VI, as Associações Monásticas, formadas, principalmente, por clérigos, dominavam o segredo da arte de construir, que ficou restrita aos conventos, já que, naquela época de barbárie, quando a Europa estava em ruínas, graças às sucessivas invasões dos bárbaros, e quando as guerras, os roubos e os saques eram frequentes e até encarados as normal events, artists and architects have found safe refuge in convents.

Subsequently, the need for expansion, the brothers builders started to prepare and train lay people, providing, from the tenth century, the organization of the Lay Brotherhoods, which, though formed by laymen, received strong influence of the clergy, which had learned the art of building and the trouble with religious overtones.

It's that time what is considered the first meeting organized workers constructors: the Convention of York, convened and held in 926 by Edwin, son of King Athelstan, to repair the damage that the associations had had with the successive wars and invasions. It was presented for consideration and approval, a status that, henceforth, should serve as the supreme law of the brotherhood, which is usually called the Charter of York.

About the same time, associations arise simply religious, which, from the twelfth century, formed professional bodies: the guilds. To them we owe the first document that is mentioned the word "Shop" to designate a corporation and your workplace. The Guilds and his contemporary, the organization of Crafts Franks, were the main precursors of modern Freemasonry.

Your Name "Gild," the source Teutonic derives from the title given in the ancient region of Scandinavia, a religious agape, during which, at a special ceremony was dumped three cups of horn (horns), as the use of the time, full of beer, one in tribute the gods, secondly, by the ancient heroes, and the latter in honor of relatives and friends in memory of the dead, the end of the ceremony, all participants pledged to defend each other as brothers, bailing each other in difficult times.

The Guilds were characterized by three main purposes: mutual assistance, meetings and banquets in tax assessment for political and social reforms. Introduced in England by Saxon kings, they were modified by the influence of Christianity, but, nevertheless, were not well accepted by the Church, which had welcomed the practice of feasting, for its pagan origins, and the pretense of political reforms and social, that could eventually help to reduce their privileges and the privileges of the corporations under their protection. So, to avoid the hostility of the Church, each guild was organized under the aegis of a monarch, or under the name of a patron saint.

In the twelfth century, associated with guilds, there appeared an organization of German workers, the Steinmetzen, ie beds, which, under the direction of Erwin of Steinbach, achieved notoriety when it won approval for its plans to build the cathedral in Strasbourg and has perfected a way of organizing its workers. Plot is the worker who works in stone, that works in milled and rough stone sculpture, stone (a word derived from the corner) refers to the carved stone for the buildings.

source: www.rlmad.net/

Cubefield With Glitches

Glemser

Before the division of the State Mato Grosso (1977), Universal Freemasonry was already present in it, when in 1921 East Lodge was founded under the auspices of Maracaju GLESP. Interesting to note that in the north (now the State of Mato Grosso) were all the GOB Stores jurisdictional under the direction of a central power in the federal capital, the city of Rio de Janeiro. The South region (now the State of Mato Grosso do Sul) with a much larger number of Masonic lodges, they worked under the auspices of two traditional Grand Lodges, and the GLESP GLEBA.

The Stores founded by GLESP are

- East Maracaju No. 01 on 17/10/1921

- Mal Deodoro da Fonseca No. 02 in

31/08/1941 - New Hope (Golden), which merged with the John Antonio Shop No. 05, it owned the jurisdiction of GLEBA.

- Joao Pedro de Souza N ° 06 on 03/03/1955

- New Era No. 08 in

28/03/1961 - Star Apa No. 09 on 06/06/1961 In

24 / 11/62 GLEMT was founded, with headquarters in Campo Grande (south) where most of the stores operated in the state, by the Being.. ' Grand Master of Go GLESP. '. Pellucio Washington, accompanied by dignitaries and officials Go. '. Jaime Rodriguez in January, Ir.. ' Othello Fernandes and Ir.. ' Manoel Fernandes Nobrega, whose charter was issued by GLESP with the fraternal aquiecência GLEBA.

When starting its activities, the new power has overcome all obstacles arising from the need to structure and regulate sovereign power as against their counterparts from which sought recognition through information exchange and fulfillment of requirements and today boasts Glemser ............ acknowledgments with the Great Powers Regular in all parts of the world.

In July 1975 the GLEMT, hosted the Ninth General Assembly of the CMSB (must be claimed in 2011 to again be the headquarters of the General Assembly XL CMSB).

The state was divided into MT 11/10/77 (MS / MT), 04/05/78 in the name was changed to GLEMT Glemser, and 06/11/78 was founded under the auspices of GLEMT Glemser.

Today Glemser boasts on its staff around 2245 workers in 59 stores, including the 78 counties of our state our institution is present in 40 (51%).

Our administrative structure is composed of a great Temple for 500 workers, amphitheater with 110 seats, Masonic Museum, Reception Hall for 550 people, Library, Transit hotel with 16 rooms, Temple to the Philosophical Degrees (from 4 to 33), Temple for the newly opened Symbolic Degrees with capacity for 80 workers, a large parking lot and gatehouse working 24 hours, the administrative area encompassing the Grand Master's office, meeting room, reception hall, Large Treasury, Grand Secretary of the Interior and Exterior, Manages Administrative Assistance Plan encompassing a Masonic Health this with more than 1,600 users, the Department of Social Services, Data Processing Center Shops linking all 59 courts and keeping the air from the site that has restricted access Glemser Merchants allowing the sending of all documents necessary for the best performance of the Secretariats of the Lodges in the State.

For the offset, in the State of Current administration has acquired a minibus with 21 seats plus three smaller vehicles.

Go. '. Juarez Vasconcelos
Past Ser. '. Grand Master
source Glemser

Monday, November 23, 2009

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The remnant inquisitorial system of law and property


A closer reading of the current procedures identification and demarcation of indigenous lands us back, almost necessarily, the nature and sequence of process used in systems inquisitive.

There is a remnant of such a system, that applies in a sort of penalty of loss of rural land to an end. In criminal prosecution, Brazil adopted the adversarial system, which is characterized by the principle of adversary proceedings, with the parties on an equal footing.


functions accuse, judge and advocate are exercised by separate bodies, and the defendant be treated as the subject of the proceedings, the right holder of the defense. In the inquisitorial system, the functions of accusation, defense and judge are confined to the same organ, the defendant is treated as an object of the process.

is precisely this accumulation of functions in a single body that characterizes the Decree 1775 of 8 January 1996, which sets forth the administrative demarcation of indigenous lands, as a remnant of the inquisitorial process on the property right, but let's see. The rite

procedural identification of indigenous lands, established by Decree. There is, first, that the Decree:

a) grant jurisdiction to the anthropologist, without establishing evaluation criteria and procedures that he and his working group should take to make the discrimination of indigenous lands from private lands ;
b) allows this way that the demarcations are often based on studies with bias or subjective;
c) reduces, in practice, even with further consideration by the Ministry of Justice, the right to contradictory and full defense to a simple demonstration, which will be submitted to Funai's own assessment, which is also an interested party. The national practice and examines the challenges that are addressed and at the same time, considers his own acts;
d) violates the principle of equality, which is given to the owners within 90 days only, while the very Funai have their disposal for several years research, surveys and data collection;
e) adopts administrative acts (decrees) for demarcations that lack legal validity, because there are no charter, but only declaratory; and
f) authorizes, finally, loss of property in the administrative .


tight deadlines

Despite the Supreme Court case law (MS 21649-2/MS; MS23862-3/GO; 24.045-8/DF) have spoken out stating that the this Decree does not break the law and the adversarial legal defense, argued that the right to offer the defense within 90 days from the publication the report is very tight, because the owners would instruct her with all relevant evidence, such as proprietary titles, expert reports, opinions, witness statements, photographs and maps. Moreover, no one admits the monitoring of technical assistance to owners on the development of the work of Funai, the similarity of the processes of expropriation for land reform.

The Decree regulates erroneously 1.775/1996 the demarcation of indigenous lands (IT). Despite the existence of the Indian Act (Law No 6.001/1973), it does not address the issue of demarcation. The law only lecture on his art. 19 that: "Indigenous lands, the initiative and under the guidance of the federal agency of the Indian assistance, will be administratively demarcated in accordance with the procedure established by decree of the Executive Branch." Thus, the Decree is not regulated any laws and therefore is not, in this case, appropriate legal instrument to regulate the field.

So this question should have been previously regulated by a specific law, then by a decree. What is observed is that the said Decree 1.775/1996 is not restricted to regulating the law, invading the jurisdiction of the legislature. Decree hurts, then the provisions of art. 84, item IV of the CF/1988, which gives the President the exclusive authority to sanction, enact and promulgate laws and issue decrees and regulations for its faithful execution.

The quoted decree, moreover, also does not fit in the circumstances specified in paragraph "a" of paragraph VI of the aforementioned article of the Constitution, which deals with so-called "autonomous decrees." These decrees allow the President the endogenous regulation only matters of federal administration and do not affect rights of others.

Thus, the ordinance exceeds the power to regulate. Legal insecurity Consequently, Funai has been identifying the areas claimed by indigenous nature of inquisitorial procedures, housed in Decree 1.775/1996. Such procedures lead to frequent failure of third party rights, especially property rights, creating an environment of legal uncertainty.

10 years, the CPI's final opinion of the Chamber of Deputies, which investigated the conduct of the FUNAI, in December 1999 was clear: "the process of demarcation of indigenous lands is particularly arbitrary because it concentrates power in decision Funai and other public entities do not participate in the process. " The acts of FUNAI, therefore, can not be effectively challenged in another instance of government, with due impartiality, which represents the maintenance of our administrative system is a manifestation of arbitrariness of public powers.

Since then it has established a routine concern in Congress, from the performance of many public hearings, or in the House of Representatives or the Senate, to discuss the demarcation of indigenous land in many regions of Brazil, where participants are familiar with, namely, parliamentarians, representatives of executive power - especially Funai, landowners, indigenous communities, and nongovernmental organizations with very different interests. On the one hand, Funai justifies its claim to demarcate significant tracts of land in favor of the Indians, which is identifying or identified in compliance with the legislation. On the other hand, resists the said claim, arguing mainly failures, inconsistencies or flaws of administrative procedures in the identification and demarcation, sometimes resulting in problems of development of anthropological reports, sometimes contradictory and the lack of legal defense, why disregard Titles property, in some cases centenarians.

Concept unequivocal

Meanwhile, the Supreme Court (STF) as a result of the trial of PET RR 3388, in which they discussed the demarcation of the Raposa Serra do Sol, set clear concept of indigenous land and new parameters for the demarcation. According to the ruling, the Constitution did not create new indigenous areas, but, alone, merely recognize the existing ones.

this context, there is the vote of Justice Carlos Ayres Britto that define unequivocally the concept of land traditionally occupied by Indians. (See box) From above, we emphasize, though, two caveats and conditions of the nineteen handed down vote on the Minister of Law Menezes, namely: It is forbidden to expanding the already demarcated indigenous land, and is ensured the effective participation of all entities of Federation at all stages of the process of demarcation. States and municipalities are optional for the joint party joint party needed.

If it is not Indian land, left the Federal Government to meet any need of the community and / or minimize conflicts, to create Indian reservations. This institute may be established, regardless of traditional occupation, as point "a" of § of art. 26 combined with art. 27 of Law 6.001/1973 (Indian Act).

For the formation of the Indian reservation the Federal Government can valerse public land or private land, in this case with fair and prior compensation.

It is the legislative branch, immediately mobilize and establish a law that would define objective criteria for the identification and demarcation of indigenous lands. There is no shortage legislative proposals, such as the Proposed Amendments to the Constitution of the Federal 38/1999 - which gives exclusive authority to the Senate to approve the process of demarcation Indian land - and 03/2004 - which allows the compensation of land in particular area, duly certificated by the Government, or the Bill 4791/2009 - which states that the demarcation of lands traditionally occupied by Indians are subject to the approval of Congress.

Solutions exist, they lack the political will to mobilize and ensure the right of ownership, entrenchment clause of the Constitution, as well as direct from indigenous communities, as foreseen in art. 231 of that constitution, which are not restricted to land resources.

* Anaximander Doudement Almeida - Agronomist, Technical adviser of the National Land Affairs of the ANC.
by: Anaximander Doudement Almeida
http://www.canaldoprodutor.com.br/