Lauren Thompson
West Virginia University College of Law, 3L
Tuesday, August 5, 2008

Lectures at UVV and the Espirito Santo Supreme Court

Amidst the uncertainty as to whether the excitement of the Amazon could ever be matched, we returned to civilization (?) by way of Vila Velha, a beautiful city in the Brazilian state of Espirita Santo. The hurried shift from the serenity of boat on the Amazon to the beautiful beaches of Vila Vehla was overwhelming. After a lovely breakfast from my amazing host Morena, we were taken to University of Vila Velha to begin our week of classes. Within an hour of our arrival, it was clear that today would be one of those days that delivers more questions than answers.

UVV Rector Manoel Ceciliano de Almeida welcomes WVU Law students and provides an introductory lecture

The most interesting dialogue came via the differing opinions of the University of Vila Vehla’s Rector, Manoel Ceciliano Salles de Alemeida (equivalent to our Dean or University President), and Judge Tasso de Castro Lugon former member of the Supreme Court of Espirita Santo. It was apparent that the battle between Brazil’s leaders and educators must be intense. Rector Alemeida was an impressive man, clearly conservative with a strong physical presence. He spoke of the need for a constitution that highlights only the most important of rights and difficulties of promulgating too many rules. He explained that this enables more effective policing and allows citizens to be more fully informed as to those things the law requires. He further explained that Brazilians are proud to say that they have a “right” to take an action, but will rarely admit to owing a “duty”. This stance makes control difficult.

Visiting the Espirito Santo Supreme Court together with UVV law students

We were then rushed by bus to the Supreme Court of Espirito Santo. We were met by the venerable and personable Judge Tasso. He spoke freely of his pride in the Brazilian Constitution. He sees the multitude of amendments (The U.S. has 23 since its inception, while Brazil boasts an impressive 66 across the last 20 years) as an effort to move to better protect the citizens of Brazil. He, in no uncertain terms, declared Brazil’s Constitution the best constitution to protect human rights. I cannot disagree, so long as these laws are enforced. Article 5 alone boasts more than 78 items. Articles 6 and 7 are dedicated to the protection of the social rights of Brazilians.

It is a difficult line to walk: the need to balance the rights and freedoms of the people with the need to ensure that laws are followed and fairly applied. It is a battle that the U.S. has been dealing with for centuries. Is it is easier to create a fair constitution amidst a modern world or to interpret a centuries old document in light of modern advancement?

Our next lecture was presented by UVV graduate Roberto Leao. It is important to be equal when it is the differences between us which make us inferior. Culture is problematic only when viewed in the context of another.

During lectures, Professor cummings role plays a corporate board meeting modeling boardroom diversity

Lastly, Shalom Confessor Amorol presented the most eye-opening lecture of the day. We didn’t learn about Brazilian culture or even Brazilian law. We learned about the Brazilian response to the threats of the world. Al Gore, Mikhail Gorbachev, Margaret Thatcher and other world leaders famously called the Amazon a “world resource” and insinuated a need to control the Amazon. Sometimes, the opinions that others hold of us as Americans and the things they feel we are capable of embarrasses me. But, in the context of the general “anything goes” attitude we have allowed from American Corporations and an unchecked government seeking their own private profit over the betterment of the country we love, do we dare say anyone is wrong to think that of what we might be capable of doing?