messages to and from our members
Messages to and from our members
Operation Awakening is an
initiative of local officials from the Ministry of
Foreign Affairs and other Federal Government
agencies working in a variety of countries.
Operation
Awakening arises from the desire
and unity of
countless local Brazilian employees
in Consulates and Embassies who are
demanding their
rights.
Our mobilization aims to
achieve dignity and recognition for those who
represent the Brazilian government and serve the
more than 3 million Brazilians living
abroad.
One can do little,
but many can do
much...
We use this space to publish texts by our colleagues.
(1) WAKE UP BRAZIL
A local US official reflects on the need for change, the need to wake up, and human rights in Brazil and abroad.
***********************************
We use this space to publish texts by our colleagues.
(1) WAKE UP BRAZIL
A local US official reflects on the need for change, the need to wake up, and human rights in Brazil and abroad.
***********************************
Title:
WAKE UP
BRAZIL
"Brazil is a vehement violator of its own laws. To say that our nation is hypocritical would be redundant. For several months, local employees of Brazilian consulates and embassies abroad have been fighting for recognition of the labor rights enjoyed by any worker in Brazil. To begin with, let me make it clear that I am not a jurist, lawyer, or any legal expert. I am offering here a common reading, as a citizen, of our legislation, of the principles of social and democratic coexistence expected of a humane nation. The Democratic State is primarily the State of the People. Its existence is based on the existence of an association of people who, together, establish, by the sovereign will of the majority, rules for good social coexistence. If such rules exist, it is because since the dawn of time, "man is man," the countless differences that permeate social relations have been known. To prevent them from living in constant wars, in which everyone would obviously lose, they decided to establish a pact of peaceful coexistence, in which each party would yield some of its desires for the benefit of the other party. The objective of everything was obviously to ensure survival, and like any animal, the perpetuation of its species. Therefore, "civilized" society is not characterized by the idea of humanity as a spiritual, religious, metaphysical principle, or the idea of the superiority of the human race, an intelligent creature of some divine origin. Quite the opposite. We are "civilized" to the extent that there is a reasonable balance between good and evil; good here representing our personal and selfish interest, and evil the personal and selfish interest of others. It depends on the point of view. When everyone, in common agreement, without arbitrariness or imposition by force, seeks to balance their differences—good and evil—then democracy occurs. "Civilization" is born. We are not surprised by the need for "social" man to have designed the rules of "good" coexistence. It is no wonder that most Constitutions considered democratic seek to guarantee the universal rights of the human person. It sounds good, even beautiful. Ultimately, as I said, the ultimate goal is to guarantee everyone a little satisfaction for their selfishness.
But ultimately, this is a means that justifies—and quite well—the end. The Brazilian Constitution, also known as the Citizen Constitution, following this "universal" principle of democracy, declares loud and clear in Article 5 that "all are equal before the law, without distinction of any kind, guaranteeing Brazilians and foreigners residing in the country the inviolability of the right to life, liberty, equality, security, and property, (...)"; and immediately following, in Article 6, that "The social rights are education, health, food, work, housing, leisure, security, social security, protection of motherhood and childhood, assistance to the destitute, (...)". The guarantees established here are broad and are not limited to Brazilians alone. These guarantees, as a universal and human principle, apply to all people, Brazilians or foreigners, residents or visitors, or even those absent from the national territory. Foreigners face certain limitations, such as the need to be legally present in the country to enjoy some of these rights, such as the right to work. However, the right to health is such that even if "illegal," a foreigner who requires medical care (due to a traffic accident, for example) will receive assistance. Refusing to provide assistance due to immigration status would constitute a crime under the national legal system. Therefore, there are guarantees that transcend socio-geopolitical distinctions, encompassing individuals. These are inalienable, universal, imprescriptible, and fundamental rights. Our Constitution has frozen the rights provided for in Article 5; but there is no doubt that many others, scattered throughout the Constitution, also enjoy the same protection.
Of all these, allow me to speak about labor. I clarify that formally, social rights—from which the right to work derives—are not fixed by the Constitution. However, those guaranteed therein supersede any infraconstitutional norm and cannot be denied except by the Constitution itself. It outlines, in its articles 6 to 11, the basic guarantees assured to any worker, "aimed at improving their social condition" (Art. 7), among them, the "employment relationship protected against arbitrary or unjust dismissal", "unemployment insurance", "service time guarantee fund", "minimum wage, capable of meeting the basic vital needs of the worker and his family with housing, food, education, health, leisure, clothing, hygiene, transportation and social security, with periodic adjustments that preserve purchasing power", "thirteenth salary", "paid weekly rest", "remuneration for overtime at least fifty percent higher than the normal salary", "enjoyment of paid annual vacation with at least one-third more than the normal salary", "maternity leave, without prejudice to employment and salary", "retirement", "recognition of collective bargaining agreements and conventions", "free association" professional or union”, “the right to strike, with workers being responsible for deciding whether to exercise it and the interests that should be defended through it”.
I have mentioned here some of the most basic workers' rights. These rights were not guaranteed by infra-constitutional legislation. They are sovereignly enshrined in the Supreme Constitution. Every Brazilian, and every foreigner legally residing in Brazil, is guaranteed the rights provided for in the Federal Constitution. These guarantees are clearly intended to curb the State's arbitrary tendencies in dealing with workers. They were included in detail in the Constitution because they "have a special concern for the most needy segments of the population and those who, for one reason or another, cannot obtain these benefits independently... In a way, they seek to protect the weakest, serving the ultimate goal of equality or a dignified life for all." – Sylvio Motta. Constitutional Law. Ed. Campus, 2007. 160p. As Walter Ceneviva emphasizes, "The constitutional list, although extensive, is far from exhaustive. When it repeats the concept included among individual rights and guarantees, it seeks to emphasize its importance to the community in general, as can be seen in the heading of Article 7 ("...in addition to others aimed at improving their social condition") – Brazilian Constitutional Law. Ed. Saraiva, 2003, 95p. The rights provided for here apply generically, and in principle, to the entire workforce. The Constitution, aware that the State is biasedly arbitrary and unjust, took care to specify labor rights that could not be denied to workers, except by the Constitution itself. These rights will not be denied even if the citizen is outside the country. As a general principle, every Brazilian citizen, regardless of where they reside, is protected under the terms of the Federal Constitution. When absent from national territory, the scope of action of the Brazilian State is limited by the Sovereign Law of the State in which the citizen is located and by international treaties. However, despite being limited, it is not in accordance with in no way annulled. Therefore, the Brazilian State has the duty to guarantee its nationals, when abroad, the widest possible scope of constitutional protection; especially when expressly authorized, or in any way not prohibited by the norm of the foreign State.
I now turn to the Brazilian workers who work in Brazilian Embassies and Consulates. The employment relationship here is atypical. These workers are residents or nationals of the receiving state. They are subject to its rules; but they are also guaranteed all the rights provided for in local legislation. At the same time, there is Brazilian labor legislation, particularly regarding social security rights, applicable in "special" situations. It is interesting to note that while guaranteeing specific rights, the receiving state does not exclude others that the employer may wish to grant the employee, as long as, as I said, it does not violate domestic or international laws. In this regard, most democratic nations, signatories to various international agreements, including those aimed at ensuring the full dignity of the human person, maintain a relationship of courtesy among themselves, allowing each nation to determine which labor rules will prevail in dealing with its employees abroad as it sees fit. In short, as long as they are guaranteed human dignity and the basic rights of any worker, including those provided for in domestic regulations, a foreign state is not prevented from extending labor rights to its employees abroad through its own laws. Therefore, Brazil's treatment of its nationals, local assistants in various embassies and consulates, and other international organizations is regrettable. On the one hand, we have Law No. 11,440 of December 29, 2006, Article 57, and Decree No. 1,570 of July 21, 1995, Article 15, which state: "Labor and social security relations concerning Local Assistants shall be governed by the legislation in force in the country where the department is headquartered." On the other hand, we have local employees claiming that they are being denied the rights guaranteed to any worker in Brazil, or Brazilians, for that matter.
Brazil wrongly claims that the application of these legal norms aims to respect the host state's sovereignty regarding its right to legislate on employment relations. The truth is that foreign labor laws are much more lenient and flexible than Brazilian labor laws. It costs Brazil much less to pay its employees based on foreign laws than to apply its own standards. Brazil fails to realize that its sovereignty is seriously compromised by such behavior. Now, one would think that our labor laws have sought to ensure basic and universal rights that can give workers a dignified life. Rights that we believe are the most just that can be guaranteed to a human being; rights that honor and exalt us among other nations as an example of a democratic state. By denying local employees abroad these rights, Brazil denies itself. It denies itself to other countries; it unmasks itself by tearing up its own Constitution. It proves itself a corrupt nation; without law, without documents. Without a Constitution. By denying them to foreign workers who provide services to Brazil, our state shames its people, enslaving not only its own citizens but also the citizens of nations with which it maintains diplomatic relations. As I have already said, constitutional principles are general and apply to all human beings. Therefore, the Brazilian government cannot claim that legality will exist only when foreign law is exclusively applied because its employees are foreigners, nationals, or residents of the countries where the consular offices are located. First, as already stated, most nations do not restrict the application of Brazilian labor laws; second, Brazilian employees outnumber employees of other nationalities. Why treat Brazilians differently simply because they reside abroad? Where is the constitutionally enshrined equality? At the beginning of my text, I spoke about our need to balance good and evil—our selfishness with the selfishness of others. Unfortunately, the balance of power necessary for the formalization of democracy, as I argued at the beginning, is not possible here, since the state uses its force arbitrarily. The State's selfishness outweighs its concession to apply the guarantees provided for in its own Charter for the benefit of its employees abroad. Finally, I ask a question: does Brazil remember the document it signed over 60 years ago? I will quote a few passages to refresh the memory of those who insist on burying our most sovereign aspirations for social justice: "...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world,
“...contempt and disregard for human rights have resulted in barbaric acts which have outraged the conscience of mankind, and the advent of a world in which men shall enjoy freedom of speech and belief, and freedom from fear and want, has been proclaimed as the highest aspiration of the common man. “...it is essential that human rights be protected by the rule of law, if man is not to be compelled, as a last resort, to rebellion against tyranny and oppression. “...the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women, and have determined to promote social progress and better standards of life in greater freedom . "Everyone, as a member of society, has the right to social security and realization, through national effort, international cooperation, and in accordance with the organization and resources of each State, of the economic, social, and cultural rights indispensable for their dignity and the free development of their personality. "Everyone has the right to work, to free choice of employment, to fair and favorable conditions of work, and to protection against unemployment. (...) "Everyone who works has the right to fair and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. "Everyone has the right to form and to join trade unions for the protection of his interests. “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” UNIVERSAL DECLARATION OF HUMAN RIGHTS Adopted and proclaimed by resolution 217 A (III) of the United Nations General Assembly on December 10, 1948. To the Local Auxiliaries, I leave a passage from the Bible:
"They will mount up with wings like eagles. They will run and not be weary; they will walk and not be faint. Let us draw near to judgment itself. The very ends of the earth began to tremble. They helped each other, and one said to his brother, 'Be strong.' Do not be afraid, for I am with you. Do not look around. I will truly help you. These men who fight with you will become as nothing and as nothing, these men at war with you. –Isaiah.
"Brazil is a vehement violator of its own laws. To say that our nation is hypocritical would be redundant. For several months, local employees of Brazilian consulates and embassies abroad have been fighting for recognition of the labor rights enjoyed by any worker in Brazil. To begin with, let me make it clear that I am not a jurist, lawyer, or any legal expert. I am offering here a common reading, as a citizen, of our legislation, of the principles of social and democratic coexistence expected of a humane nation. The Democratic State is primarily the State of the People. Its existence is based on the existence of an association of people who, together, establish, by the sovereign will of the majority, rules for good social coexistence. If such rules exist, it is because since the dawn of time, "man is man," the countless differences that permeate social relations have been known. To prevent them from living in constant wars, in which everyone would obviously lose, they decided to establish a pact of peaceful coexistence, in which each party would yield some of its desires for the benefit of the other party. The objective of everything was obviously to ensure survival, and like any animal, the perpetuation of its species. Therefore, "civilized" society is not characterized by the idea of humanity as a spiritual, religious, metaphysical principle, or the idea of the superiority of the human race, an intelligent creature of some divine origin. Quite the opposite. We are "civilized" to the extent that there is a reasonable balance between good and evil; good here representing our personal and selfish interest, and evil the personal and selfish interest of others. It depends on the point of view. When everyone, in common agreement, without arbitrariness or imposition by force, seeks to balance their differences—good and evil—then democracy occurs. "Civilization" is born. We are not surprised by the need for "social" man to have designed the rules of "good" coexistence. It is no wonder that most Constitutions considered democratic seek to guarantee the universal rights of the human person. It sounds good, even beautiful. Ultimately, as I said, the ultimate goal is to guarantee everyone a little satisfaction for their selfishness.
But ultimately, this is a means that justifies—and quite well—the end. The Brazilian Constitution, also known as the Citizen Constitution, following this "universal" principle of democracy, declares loud and clear in Article 5 that "all are equal before the law, without distinction of any kind, guaranteeing Brazilians and foreigners residing in the country the inviolability of the right to life, liberty, equality, security, and property, (...)"; and immediately following, in Article 6, that "The social rights are education, health, food, work, housing, leisure, security, social security, protection of motherhood and childhood, assistance to the destitute, (...)". The guarantees established here are broad and are not limited to Brazilians alone. These guarantees, as a universal and human principle, apply to all people, Brazilians or foreigners, residents or visitors, or even those absent from the national territory. Foreigners face certain limitations, such as the need to be legally present in the country to enjoy some of these rights, such as the right to work. However, the right to health is such that even if "illegal," a foreigner who requires medical care (due to a traffic accident, for example) will receive assistance. Refusing to provide assistance due to immigration status would constitute a crime under the national legal system. Therefore, there are guarantees that transcend socio-geopolitical distinctions, encompassing individuals. These are inalienable, universal, imprescriptible, and fundamental rights. Our Constitution has frozen the rights provided for in Article 5; but there is no doubt that many others, scattered throughout the Constitution, also enjoy the same protection.
Of all these, allow me to speak about labor. I clarify that formally, social rights—from which the right to work derives—are not fixed by the Constitution. However, those guaranteed therein supersede any infraconstitutional norm and cannot be denied except by the Constitution itself. It outlines, in its articles 6 to 11, the basic guarantees assured to any worker, "aimed at improving their social condition" (Art. 7), among them, the "employment relationship protected against arbitrary or unjust dismissal", "unemployment insurance", "service time guarantee fund", "minimum wage, capable of meeting the basic vital needs of the worker and his family with housing, food, education, health, leisure, clothing, hygiene, transportation and social security, with periodic adjustments that preserve purchasing power", "thirteenth salary", "paid weekly rest", "remuneration for overtime at least fifty percent higher than the normal salary", "enjoyment of paid annual vacation with at least one-third more than the normal salary", "maternity leave, without prejudice to employment and salary", "retirement", "recognition of collective bargaining agreements and conventions", "free association" professional or union”, “the right to strike, with workers being responsible for deciding whether to exercise it and the interests that should be defended through it”.
I have mentioned here some of the most basic workers' rights. These rights were not guaranteed by infra-constitutional legislation. They are sovereignly enshrined in the Supreme Constitution. Every Brazilian, and every foreigner legally residing in Brazil, is guaranteed the rights provided for in the Federal Constitution. These guarantees are clearly intended to curb the State's arbitrary tendencies in dealing with workers. They were included in detail in the Constitution because they "have a special concern for the most needy segments of the population and those who, for one reason or another, cannot obtain these benefits independently... In a way, they seek to protect the weakest, serving the ultimate goal of equality or a dignified life for all." – Sylvio Motta. Constitutional Law. Ed. Campus, 2007. 160p. As Walter Ceneviva emphasizes, "The constitutional list, although extensive, is far from exhaustive. When it repeats the concept included among individual rights and guarantees, it seeks to emphasize its importance to the community in general, as can be seen in the heading of Article 7 ("...in addition to others aimed at improving their social condition") – Brazilian Constitutional Law. Ed. Saraiva, 2003, 95p. The rights provided for here apply generically, and in principle, to the entire workforce. The Constitution, aware that the State is biasedly arbitrary and unjust, took care to specify labor rights that could not be denied to workers, except by the Constitution itself. These rights will not be denied even if the citizen is outside the country. As a general principle, every Brazilian citizen, regardless of where they reside, is protected under the terms of the Federal Constitution. When absent from national territory, the scope of action of the Brazilian State is limited by the Sovereign Law of the State in which the citizen is located and by international treaties. However, despite being limited, it is not in accordance with in no way annulled. Therefore, the Brazilian State has the duty to guarantee its nationals, when abroad, the widest possible scope of constitutional protection; especially when expressly authorized, or in any way not prohibited by the norm of the foreign State.
I now turn to the Brazilian workers who work in Brazilian Embassies and Consulates. The employment relationship here is atypical. These workers are residents or nationals of the receiving state. They are subject to its rules; but they are also guaranteed all the rights provided for in local legislation. At the same time, there is Brazilian labor legislation, particularly regarding social security rights, applicable in "special" situations. It is interesting to note that while guaranteeing specific rights, the receiving state does not exclude others that the employer may wish to grant the employee, as long as, as I said, it does not violate domestic or international laws. In this regard, most democratic nations, signatories to various international agreements, including those aimed at ensuring the full dignity of the human person, maintain a relationship of courtesy among themselves, allowing each nation to determine which labor rules will prevail in dealing with its employees abroad as it sees fit. In short, as long as they are guaranteed human dignity and the basic rights of any worker, including those provided for in domestic regulations, a foreign state is not prevented from extending labor rights to its employees abroad through its own laws. Therefore, Brazil's treatment of its nationals, local assistants in various embassies and consulates, and other international organizations is regrettable. On the one hand, we have Law No. 11,440 of December 29, 2006, Article 57, and Decree No. 1,570 of July 21, 1995, Article 15, which state: "Labor and social security relations concerning Local Assistants shall be governed by the legislation in force in the country where the department is headquartered." On the other hand, we have local employees claiming that they are being denied the rights guaranteed to any worker in Brazil, or Brazilians, for that matter.
Brazil wrongly claims that the application of these legal norms aims to respect the host state's sovereignty regarding its right to legislate on employment relations. The truth is that foreign labor laws are much more lenient and flexible than Brazilian labor laws. It costs Brazil much less to pay its employees based on foreign laws than to apply its own standards. Brazil fails to realize that its sovereignty is seriously compromised by such behavior. Now, one would think that our labor laws have sought to ensure basic and universal rights that can give workers a dignified life. Rights that we believe are the most just that can be guaranteed to a human being; rights that honor and exalt us among other nations as an example of a democratic state. By denying local employees abroad these rights, Brazil denies itself. It denies itself to other countries; it unmasks itself by tearing up its own Constitution. It proves itself a corrupt nation; without law, without documents. Without a Constitution. By denying them to foreign workers who provide services to Brazil, our state shames its people, enslaving not only its own citizens but also the citizens of nations with which it maintains diplomatic relations. As I have already said, constitutional principles are general and apply to all human beings. Therefore, the Brazilian government cannot claim that legality will exist only when foreign law is exclusively applied because its employees are foreigners, nationals, or residents of the countries where the consular offices are located. First, as already stated, most nations do not restrict the application of Brazilian labor laws; second, Brazilian employees outnumber employees of other nationalities. Why treat Brazilians differently simply because they reside abroad? Where is the constitutionally enshrined equality? At the beginning of my text, I spoke about our need to balance good and evil—our selfishness with the selfishness of others. Unfortunately, the balance of power necessary for the formalization of democracy, as I argued at the beginning, is not possible here, since the state uses its force arbitrarily. The State's selfishness outweighs its concession to apply the guarantees provided for in its own Charter for the benefit of its employees abroad. Finally, I ask a question: does Brazil remember the document it signed over 60 years ago? I will quote a few passages to refresh the memory of those who insist on burying our most sovereign aspirations for social justice: "...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world,
“...contempt and disregard for human rights have resulted in barbaric acts which have outraged the conscience of mankind, and the advent of a world in which men shall enjoy freedom of speech and belief, and freedom from fear and want, has been proclaimed as the highest aspiration of the common man. “...it is essential that human rights be protected by the rule of law, if man is not to be compelled, as a last resort, to rebellion against tyranny and oppression. “...the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women, and have determined to promote social progress and better standards of life in greater freedom . "Everyone, as a member of society, has the right to social security and realization, through national effort, international cooperation, and in accordance with the organization and resources of each State, of the economic, social, and cultural rights indispensable for their dignity and the free development of their personality. "Everyone has the right to work, to free choice of employment, to fair and favorable conditions of work, and to protection against unemployment. (...) "Everyone who works has the right to fair and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. "Everyone has the right to form and to join trade unions for the protection of his interests. “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” UNIVERSAL DECLARATION OF HUMAN RIGHTS Adopted and proclaimed by resolution 217 A (III) of the United Nations General Assembly on December 10, 1948. To the Local Auxiliaries, I leave a passage from the Bible:
"They will mount up with wings like eagles. They will run and not be weary; they will walk and not be faint. Let us draw near to judgment itself. The very ends of the earth began to tremble. They helped each other, and one said to his brother, 'Be strong.' Do not be afraid, for I am with you. Do not look around. I will truly help you. These men who fight with you will become as nothing and as nothing, these men at war with you. –Isaiah.
The author requests anonymity - 06/07/11
I've been following the blog every day! I'm so happy that we've finally woken up to the fight. Dear colleagues, strength and courage...
To respondI really enjoyed the text! Our request has a genuine foundation, and together we can go far!
To respondTogether we will achieve what we deserve! Let's walk together!
To respondTrying to think a little about the democratic trajectory in our recent history! We realize that there is only one way to mature labor relations and rights. And it is by exercising incessant dialectical movement between the parties. Before the eyes of the discussion, the greatest enemy of this collective will be vanities. Which will displace the necessary and universal objectives, shifting them to particular examples. Creating chasms between considerations and needs. The struggle is pressing and necessary. Congratulations everyone. I am very proud of this struggle that has ceased to be particular and has become universal.
To respondOur chance to win our rights is NOW! Let's unite, join the fight!!!!!!!!!!!!!!!!!
To respondAs a former employee of the NY consulate, I fully support the struggle of local employees. I hope everyone joins this legitimate fight.
To respondCompanions in the fight!!
To respondIt's now or never, let's fight!
To respondDear colleagues:
To respondIt seems our interlocutors in the ongoing dispute will succeed in ensuring that the impetus for Operation Awakening's demands remains "bogged down" in sterile negotiations in which they define the terms of what will be addressed and the limits of what can be achieved.
Regarding the definition of what can be addressed, note that the Ministry of Foreign Affairs' curious proposal has already been accepted: if there are 3,500 locals, two-thirds of whom are foreigners, it makes no sense to pay attention to the "noisy" demands of 600 of these people who are dissatisfied, since the other 80% are "happy" with the treatment they receive from the "House of the Baron."
According to this reasoning, it doesn't matter if there are 600, 1,000, or even 2,000 Brazilians working in conditions that the Brazilian Constitution considers degrading and prohibitions, according to Article 7 and its various provisions.
According to this reasoning, it doesn't matter that the overwhelming majority of this contingent of local Brazilian employees are actually performing bureaucratic functions, often on par with those of Chancery Officials and Assistants, and that these people cannot be lumped into the same category as gardeners, drivers, waiters, cooks, guards, etc.—foreigners who also provide services, usually in the residences of Ambassadors and Consuls General, and who, moreover, would feel insecure about making labor demands against an employer not seen as subject to local laws.
According to this reasoning, it also doesn't matter that those sitting on the other side of the negotiating table are not private entrepreneurs fiercely attached to their profits and economic survival, but high-ranking public officials in the pay of Brazilian taxpayers, whose essential mandate is to represent the Brazilian nation with dignity and faithfulness and to ensure that the basic rights of every Brazilian citizen abroad are respected.
Now, if the results of Operation Awakening are limited to the regularization of local employees' retirement rights and a vague promise of a salary increase with no legal obligation to implement it, then we already know we needn't get excited about our future, as the employment situation of Local Auxiliaries will follow the same path that lends it the old refrain: "Leave it as it is and see what happens."
For things to change in our favor, Congress would have to pass specific legislation regulating the profession of Local Auxiliary, extending the protection of Brazilian law to these Brazilians abroad, and repealing the undesirable articles 56 and 57 of Law 11.440, which are harmful to us.
If this doesn't happen, it becomes clear evidence of the negligence of two of the three branches of government, to the detriment of our labor interests:
A) the Executive branch, which has made no effort to garner parliamentary support for a just cause that should never be ignored, and which is tacitly giving free rein to its subordinates at the Ministry of Foreign Affairs to continue maintaining a labor regime that any reasonable judgment would classify as dehumanizing for its support and subordinate staff, both Brazilian and foreign;
B) the Legislative branch, which, despite being led by a party organization that calls itself the Workers' Party, is choosing to ignore a blatant case of what is euphemistically called these days the "flexibilization of labor rights," to the detriment of the large number of Brazilians who have dedicatedly served Brazil by providing essential services in Brazilian representations abroad.
Can we expect more from our leaders and our political and diplomatic representatives? May it be that, at the end of our Operation Awakening, we can repeat without reservation the sweet verses of the National Anthem: “You are the gentle mother of the children of this land, beloved homeland, Brazil!”
Dear fellow mourners,
To respondI'm also a local, but I've never dealt with passports or visas. I find it extremely deplorable that—both in the media and in the "Awakeners" communications—local employees seem to be reduced to only these two roles—and Brazilian nationality. Where are the secretaries, economic/commercial/environmental staff, drivers, translators, etc.? Where are the Americans, English, Germans, French, etc. who also suffers from the situation? Please, let's not forget them!!!
How about a little less war vocabulary....I'm already fed up with the Machavellis, Bastilhas and other warriors.
To respondHugs to all.
How about joining us and rolling up your sleeves?
To respondYou're more than welcome!
My dear friends, I am with you, always praying that, as the saying goes, 'OPERATION AWAKENING' will awaken the hearts of Brazilian rulers and authorities to take a dignified attitude in favor of their employees spread throughout the world. Continue on this path and victory will come. A hug to all.
To respondI fully agree with my colleague who points out that, in addition to consular duties, there are local officials who perform other equally important and fundamental functions in Brazil's representations abroad. I ask you to please avoid the error of the "classist" differences that already exist within the Ministry of Foreign Affairs, which we strive to combat every day. Finally, congratulations to the same colleague who points out that the Ministry of Foreign Affairs does not employ only Brazilian officials. We are of various nationalities and experience the same difficulties. We believe in "Operation Awakening," which is why we joined. Good luck to all of us.
To respondDear colleagues, the Operation makes no distinction based on nationality or position.
To respondWe are all "Alarm Clockers," local officials, and we will continue to make noise until we are heard...
Let's stay strong in the fight!
I'm a Brazilian citizen who's lived in Japan for 15 years and I fully support what they're trying to do. I have many friends in the consulates here, and I see that, especially in Nagoya, the workload is greater than for many of us who work daily in the factories. Not to mention that the support and counter staff have to deal with many Brazilians with various problems who take their frustrations out on someone who speaks their language. Japan is extremely complicated, since most Itamaraty employees don't speak Japanese and rely 100% on local contract workers. In Tokyo, many don't want to join the movement for fear of losing the wonderful salaries they'll earn thanks to the influential ambassadors who promoted some and others who obtained them through changes in judicial rules over the years. From what I've heard, some people earn around $7,000. That would be fair for all employees, not just a few. While a relatively well-paid Brazilian earns around $300 to $1,000 for a good apartment, Itamaraty employees, with everything paid for, spend over $5,000, and the salary of local employees at Japanese consulates doesn't exceed $3,000, which is very little for the local economy, since the ideal salary would be $5,000 or more. Here, companies pay bonuses that would be equivalent to a 13th-month salary, but because it's not written in any law, Itamaraty refuses to pay it. There are thousands of laws that ignore local contracts—it's a pain in the ass, and they only created one years later, and even then, they practically forced the Nagoya consulates to sign under duress. Ambassador Eurico de Freitas froze salaries in yen when the dollar was high, and now, if it's unfrozen, most will earn less than local employees at US consulates. That's why most people are afraid. The leaders of the Ministry of Foreign Affairs are using the terrorist system, saying they can join the movement, but I wash my hands of it. What the Ministry of Foreign Affairs orders, I will do!
To respondIt's time for someone to put an end to this. The employees must stop living in the shadow of fear. The Brazilian community must take sides and learn about this shamelessness and injustice committed by our government. This move should have been made during the elections...but all is not lost, because a move made at the right time will make all the difference. Remember, you have the World Cup and the Olympics as your trump cards.
I liked this comment, and I am very saddened by all of this, here at the Post where I work the situation is no different, we have old and new local employees, we have different tribes and each of them seeks to defend "theirs". The funny thing about this is seeing human ignorance turned to greed, There are locals who want to have the benefits of Ofichan, Ofichan wants to be treated as diplomats, diplomats want to be treated as "President" and so on... let's put things in place! Give us the rights we deserve and unite! We are Brazilians!
I'M OUTRAGED!
To respondThe worst part is seeing that only Tokyo received a raise because of the earthquakes, tsunamis, and nuclear leak. Tokyo's jurisdiction probably doesn't even have 10% of the nearly 300,000 Brazilians living here in Japan, and it receives a 5% raise. Most of the work is done by Nagoya, which has almost the entire total in its jurisdiction. And it still had to deal with the majority who fled from the affected areas to the Aichi region. What criteria do they use to grant these raises and promotions? Just because it's the capital, they earn more and have better working conditions? The income generated by Nagoya is 1,000x greater than Tokyo's, the work is also higher, and they have higher wages and working conditions. That's why they don't want to get involved, and most don't want to leave Tokyo and end up in Brasilia if they become public servants. Spice up other people's wages is refreshing. Let's take this group down once and for all and bring everyone to the same level! They should redo the public competition through which many were hired and see who really deserves to be working and who got in because of their IQ "Who Indicates"
Where are the Nagoya people to join the cause? Waiting for old Shima to come out of his shell?
To respondCome on, colleagues from Nagoya, we colleagues from Europe and everyone who has already joined, we need and count on your support.
To respondJudging by the delay in communicating with us, the meeting yesterday, 11/08/2011, was not productive.
To respondIf there had been any results, we would definitely have a BINGO in our emails by now.
To respondBy attending the meeting with three lawyers from the AGU (General Audit Court), in a confrontational atmosphere against our movement, the Itamaraty staff let us glimpse a lack of understanding and goodwill on the Executive branch.
To respondThe Attorney General of the Union is the President's number one advisor on legal disputes against the State. If his representatives appear declaring everything we are trying to do illegitimate, then we can conclude that the Planalto Palace is not deeply or adequately "sensitized" to the severity of the labor problems affecting us.
On the other hand, it was a very good idea to take our complaint to the Senate Human Rights Committee, where we will once again have the opportunity to convey to the influential members of that Committee the merit, justice, and urgency of our claim.
We must continue fighting to defend our basic rights as honorable and dedicated public servants, until our labor demands are definitively satisfied.
The above comment was very well put. Considering that it all started in May and that we are already a significant number of locals interested in fighting to secure our rights...........we really can't give up..........let's move on, guys.
To respondIf anyone has any doubts, just reflect for a moment. A quote from the Russian-American philosopher Ayn Rand (a fugitive from the Russian Revolution who arrived in the United States in the mid-1920s), demonstrating an informed perspective:
To respond“When you realize that to produce, you must obtain permission from those who produce nothing; when you see that money flows to those who trade not in goods but in favors; when you realize that many become rich through bribery and influence rather than through work, and that the laws do not protect us from them, but, on the contrary, they are protected from you; when you realize that corruption is rewarded and honesty becomes self-sacrifice; then you can say, without fear of error, that your society is doomed.”
Have you opened a Facebook page yet? It's important to empower the campaign by disseminating it horizontally, so all our friends can become aware of how public funds are handled. Let's get to it. And AFLEX? What are the contact details? If you want to join, what should you do?
To respondThis comment has been removed by a blog administrator.
To respondIt is with emotion—tears, in fact!—that I make this very brief comment: I had, after all, to reach 40 years of service to this Embassy to be able to SEE anything happening regarding the LOCALS. However, since the post I hold is characterized by total disunity, my personal battle is still limited to trying to "rally the people" around a common ideal. Perhaps soon we will be one more to join this happy Movement!