A comic and tragic farce

Image: Ricardo Kobayaski
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By HECTOR BENOIT*

The Farce of Bourgeois-Capitalist Right: Liberation of the CPC Leader

The total farce of “Bourgeois Law” was demonstrated, in fact, in this case of the release of one of the biggest traffickers in the world, in Brazil.

Pachukanis, great theoretician of Law, during the Russian Revolution of 1917 began to elaborate the theory that the Science of Law (bourgeois) was a great farce!

Good. by denying that Law existed as a positive science, the author maintained that (bourgeois) Law was only the defense of private property and, therefore, of class society. But, it went further, the so-called “Law” would be, in fact, after a hypothetical society of communist equality, totally abolished. Well, it caused scandal everywhere, even in the state itself, called “communist” by Stalin.

In this sense, it is understood that already on January 20, 1937, he was arrested by the Stalinist bureaucracy and executed in September, 1937!

Why?

Simply because the Stalinist bureaucracy took the place of the old Russian bourgeoisie and from this a new, practically, bourgeois class emerged.

It was enough for this process to develop and already in 1990, the only workers' state began to definitively fall, albeit completely degenerated, as Trotsky said since the 1930s. In his so-called “Prague Notebooks”, Che also predicted that the USSR would return to capitalism!

Worse, he, Che, saw sensitive signs of this 'degeneration' in his own hiding place: how to hide Che in Czechoslovakia? Well, they wanted to denounce him, but nobody had the courage to kill Che!

They wanted the 'dirty job' to be done by the CIA! They even sent a black Cuban to accompany Che to Czechoslovakia! Che said to the Cubans: “Of course a black person in Czechoslovakia is denouncing me! Send a white one!”

Well, that outline about Justice. About the science of Law, he explains very well what “Law” is: as Pachukanis put it, an intransigent defense of private property.

Che Guevara died with just leather tied to his feet, he didn't even have boots! Abandoned by all communist bureaucracies and persecuted by the Green Berets. But, he died smiling, no Bolivian soldier managed to shoot his fragile body, weighing 55 kilos at the time, even though he was a man of privileged stature. It took an officer to execute him.

I remember that when Guevara died I was an office boy, and all my workmates, even if they were not politicized, told me: “That man I would follow!”

In the same way, I remember the tragic moment when I was teaching a graduate class at UNICAMP, in 1990, and after the break, the students came back saying, and they said “The USSR fell!”

Today Russia has been dominated by the dictator Putin for at least two decades. Why, the former secret agent of the KGB, the political police of the former USSR. That is, the Soviet bureaucracy of the “degenerated socialist state, actually became a new class, privatized the entire Soviet economy, and expropriated the Russian revolution and all the achievements of the workers state.

In other words, it turned into a new bourgeoisie!

Capitalism has returned in Russia! As predicted by Che Guevara in the “Prague Notebooks” of 1966.

Dlaw, positive science, does its job well, against Pachukanis, instead of eliminating private property, it restores it again and again.

Let us remember that the Federal Supreme Court of Brazil, linked to this whole structure, in the figure of Minister Marco Aurélio (not by chance de Mello), gave habeas corpus to a criminal fully recognized as such.

Thankfully, the current president of the Federal Supreme Court rebelled, following all of Brazilian society that followed this absurd case of habeas corpus.

But what is to come? Worse!

How can the current President of the Executive nominate someone with the curriculum of the current nominee for life as a minister of the Federal Supreme Court?

As someone with a degree from the Federal University of Piauí, (a university without any legal tradition, such as USP, whose names are Castro Alves, Rui Barbosa, Miguel Reale and others), how to name this individual who was accused of plagiarizing 27 pages of the his master's degree in Portugal, who was accused of falsifying an alleged postdoctoral degree at the University of La Coruña (Spain), who was also accused of falsifying an alleged postdoctoral degree in Italy. I ask all readers:

Can this guy be a lifetime minister of the Federal Supreme Court?

Does he comply with the minimum rule of the Constitution that for such a position he needs to be recognized as someone of notorious knowledge?

Does he comply with the second constitutional rule, which is to be an absolutely competent person?

Clearly not!

Proof of this, the subject does not even have a Lattes curriculum, according to the press.

Well, any graduate student at USP, UNICAMP, UNESP, UFRJ, to get a mere Master's scholarship, needs to have such a curriculum that is the real attestation of their academic production. Those who falsify their Lattes CV are subject to administrative penalties.

How can we have a minister of the Federal Supreme Court without a Lattes curriculum?

For what purpose? Is it precisely to, like Marcus Aurelius, give habeas corpus for CCP members or corrupt senators and deputies?

Perhaps, for, in fact, just that, as Marcp Aurélio gave Habeas Corpus to members of the PCC or white collar criminals, a good part of the Senate of our republic, so suffering, so rich, but so unequal and corrupt.

In this sense, just going back to the lessons of the revolutionaries, Che and those of Pachukanis, the Law is a great comic and tragic farce, it is the defense of private property, since in these judicial processes, only those who buy lawyers and judges win. Maybe, thankfully, not everyone!

In this sense, let us praise those who still manage to be tribunes of the plebs.

But, this task is increasingly difficult, Law, as Pachukanis maintained, is something that only exists to defend private property, and in a truly communist society it is condemned to death. Meanwhile, like Pachukanis, Trotsky, Rosa and Che, who fought for an egalitarian and better world, they are murdered.

Hector Benoit is a retired professor of philosophy at UNICAMP. Author, among other books, of Plato's odyssey. The adventures and misadventures of dialectics (Annablume).

 

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