Basics of Law Honor

Vocational Activities

Requirements

1. Define what law or legal science is.

   Answer: You define law as the set of norms that organize life in society, guaranteeing rights and duties to citizens. Legal science is the systematic study of these norms, their origins, application, and interpretation. — Law has two meanings: objective (the set of norms) and subjective (the prerogative of the citizen). The legal sciences form an ancient academic field, with roots in Roman law and formal teaching since the University of Bologna (1088).

2. Define the following terms:
   • Constitution;
   • Law;
   • Decree;
   • Judicial Branch;
   • Executive Branch;
   • Legislative Branch.

   Answer: 1) Constitution: it is the supreme law of the country, which organizes the State, defines the branches of government, and guarantees fundamental rights; all other laws must obey it. 2) Law: a general legal norm approved by the Legislative Branch that establishes rules of conduct binding on everyone. 3) Decree: an act of the Executive Branch (president, governor, or mayor) used to regulate a law and detail how it will be applied. 4) Judiciary: the branch responsible for judging conflicts and applying the law to concrete cases, ensuring justice. 5) Executive Branch: the branch that administers the country and puts the laws into practice, exercised by the president, governors, and mayors. 6) Legislative Branch: the branch that drafts, debates, and approves laws and oversees the Executive, made up of legislators (Congress, Assemblies, and Councils). — The three branches are independent and harmonious with one another — a principle formulated by Montesquieu in 'The Spirit of the Laws' (1748). The 1988 Brazilian Constitution organizes this separation in Article 2.

3. Draw Kelsen's Pyramid and explain why it is important.

   Answer: You draw a pyramid with the Constitution at the top, ordinary laws in the middle, and decrees with administrative acts at the base. It is important because it shows the hierarchy of norms: no law may contradict the Constitution. — Hans Kelsen (1881-1973), an Austrian jurist, created the Pure Theory of Law, proposing this hierarchy in 1934. The pyramid ensures coherence in the legal system — unconstitutional laws can be annulled by the higher courts.

4. What are the main functions of the following professionals:
   • Lawyer;
   • Judge;
   • Prosecutor.

   Answer: 1) Lawyer: defends the client's interests in court and provides legal guidance, drafting pleadings and following the case. 2) Judge: analyzes the case, conducts the proceedings, and decides the matter by applying the law impartially. 3) Prosecutor (Public Prosecutor's Office): represents society, oversees the application of the law, and acts as the accuser in criminal proceedings, defending collective and non-waivable interests. — These three professionals form the tripod of the Brazilian procedural system. The Public Prosecutor's Office (prosecutors) gained constitutional autonomy in 1988 — before that it was subordinate to the Executive Branch.

5. What are fundamental rights? Cite at least five fundamental rights of the citizens of your country.

   Answer: You define fundamental rights as basic guarantees that every person has by virtue of being human, such as life, liberty, equality, security, and property. In Brazil, five examples are: life, freedom of expression, equality, education, and health. — The 1988 Federal Constitution lists fundamental rights in Article 5 (78 clauses). They are entrenched clauses (cláusulas pétreas) — they cannot be abolished even by constitutional amendment, as stated in Article 60, §4.

6. What should be done if one of your rights (or those of someone close to you) is being violated?

   Answer: You should seek legal help: contact a lawyer, the Public Defender's Office (free for those who cannot afford to pay), the Public Prosecutor's Office, or file a police report if a crime has occurred. In urgent cases, call 190 for the police. — The Public Defender's Office is a constitutional institution that offers free legal assistance to those in need (Article 134 of the Constitution). For minor conflicts, small claims courts resolve cases of up to 40 minimum wages without a mandatory lawyer.

7. Briefly explain how laws are created in your country. How can the population participate in the legislative process?

   Answer: 1) How laws are created in Brazil: a bill is introduced in Congress, debated in committees, voted on by the Chamber of Deputies and the Senate, and signed into law by the president. 2) How the population participates in the legislative process: through popular initiative (with about 1% of voters signing) or through public hearings. — Popular initiative is provided for in Article 14 of the Constitution. A famous law created this way was the Clean Record Law (Lei da Ficha Limpa, 2010), which gathered more than 1.6 million signatures before reaching Congress.

8. What is a sentence (court ruling)? Is it possible to request that a sentence be reviewed by other judges?

   Answer: 1) What a sentence is: it is the judge's decision that resolves the case, stating who is right and what each party must do. 2) Whether it is possible to request a review by other judges: yes, by means of an appeal to a higher court, judged by several appellate judges. — The right to appeal (the two-tier jurisdiction principle) is a fundamental principle of legal procedure. In Brazil, an appeal against a single judge's decision can be filed with the Court of Justice (state level) or the Federal Regional Court (federal level).

9. Explain what a Solomonic decision is. Why do these decisions have this name?

   Answer: 1) What a Solomonic decision is: a wise and balanced resolution of a difficult conflict that seeks justice when the facts are unclear. 2) Why it has this name: it comes from King Solomon, who in the Bible (1 Kings 3) threatened to cut a baby in two in order to find out who the real mother was. — In the biblical account, two women were disputing over a baby. Solomon ordered that the baby be cut in half — the true mother asked that it be given to the other woman, revealing her love. The story illustrates divine discernment and has become synonymous with judicial wisdom.

10. Why can no one be convicted without being heard and without going through due process of law?

    Answer: You explain that this guarantees the right to a defense: no one can be punished without first having the chance to explain their version and produce evidence. Due process of law is a constitutional principle (Article 5, LIV) that protects against arbitrary actions by the State. — This principle dates back to the English Magna Carta of 1215. It includes the right to be heard (the right to respond), the right to a full defense, and an impartial judge — pillars that distinguish the Rule of Law from authoritarian regimes.

11. Read about the trial of Jesus in John 18:19-24; 28-40; 19:1-16 (if necessary, also consult Matthew 26:57-68; 27:11-26; Mark 14:53-65; 15:1-15; Luke 22:66-71; 23:1-25). Did Jesus have a fair trial? Justify your answer.

    Answer: No, Jesus did not have a fair trial. The irregularities, in light of Jewish and Roman law itself, were: 1) A nighttime, hasty trial (the Sanhedrin was forbidden to try capital cases at night or on the eve of a feast); 2) Held during Passover, a period in which capital sentences were prohibited; 3) The use of false and contradictory witnesses (Mt 26:59-60); 4) The high priest Caiaphas had already decided to condemn him before the trial, making him a biased judge (Jn 11:49-50); 5) Jesus was assaulted during the interrogation (Jn 18:22), which was illegal; 6) There were no lawyers nor any real opportunity for defense; 7) The condemnation was for 'blasphemy' before the Sanhedrin, but was transformed into a political accusation (sedition against Caesar) before Pilate; 8) Pilate declared three times that he found no fault in him (Lk 23:4,14,22) and yet handed him over to be crucified, yielding to the pressure of the crowd. Therefore, it was a trial marked by illegalities, bias, and injustice. — The trial violated rules of the Jewish Mishnah and of Roman law. Pontius Pilate declared three times that he found no fault in Jesus (Luke 23:4,14,22), but condemned him under pressure from the crowd — a classic example of a violation of due process of law.

12. Imagine a situation within your club in which you can defend someone who has been accused of violating the bylaws through misbehavior. How would you proceed? How can this attitude be compared to the work of a lawyer?

    Answer: Faced with a club member accused of violating the bylaws through bad behavior, you would proceed as follows: 1) Calmly listen to the accused's version, without prejudging; 2) Seek out witnesses and evidence (facts, messages, accounts) that confirm or deny the accusation; 3) Check what the internal bylaws actually say about the conduct; 4) Present the facts to the directorate with respect, order, and clarity, defending the accused against unjust or exaggerated accusations; 5) Request a fair, proportionate decision based on evidence, ensuring the right to defense. This attitude is comparable to the work of a lawyer because, just like a lawyer, you defend the interests of someone accused, ensure that they are heard (due process and the right to a full defense), gather and present evidence, argue for truth and justice, and make sure the person is not punished without a chance to explain themselves. The lawyer is the voice of the one being accused — and that is exactly the role you played. — The lawyer's role is to ensure that no one is punished without a chance to defend themselves. In the club, exercising this function protects internal justice and teaches the value of the right to be heard — a pillar of the modern Rule of Law.

13. What is a witness? Why is a witness required to tell the truth?

    Answer: You define a witness as a person who saw or heard relevant facts and is called to recount them in the proceedings. They are required to tell the truth because lying in court is the crime of perjury (Article 342 of the Penal Code), punishable by 2 to 4 years in prison. — The witness takes a formal oath before testifying. Perjury threatens justice because it bases decisions on fabricated facts — a serious crime that can overturn verdicts and lead to a new criminal conviction.

14. Write a 10-line text explaining why Jesus is an advocate, according to the Bible. Cite at least two biblical texts.

    Answer: You explain that Jesus is our advocate because He intercedes for us before God, defending us from the consequences of sin. In 1 John 2:1, He is called 'an Advocate with the Father,' and in Hebrews 7:25, He continually intercedes for those who come to God through Him. — The image of the heavenly advocate shows Jesus as the mediator between humanity and God. Romans 8:34 reinforces this: 'Christ... intercedes for us.' The Greek term 'parakletos' (1 John 2:1) literally means one called to defend.