This case was heard by the court on June 14, 1996 on the motion of the debtor, by counsel. The debtor wants the court to close his bankruptcy case and abstain from hearing any matters related to a Global Settlement Agreement entered into on January 14, 1991, and approved by the court on January 24, 1991. Alternatively, the debtor requests a jury trial. The factual issue he wants presented to a jury is whether equine collateral was disposed of in a commercially reasonable manner. The debtor and his family granted a security interest in the equine collateral to the chapter 11 trustee and creditors to secure the payments provided for by the Global Settlement Agreement.
The Global Settlement Agreement, a concession by the debtor to his creditors, was executed by the debtor, his children, and two corporate entities wholly owned by the children. The debtor, his children, and the corporate entities owned by the children were defendants in adversary proceedings pending in this court. The adversary proceedings challenge transfers of property made by the debtor to the children. The chapter 11 trustee and creditors, the other signatories to the Global Settlement Agreement, were plaintiffs in the adversary proceedings or in civil actions pending against the debtor in other courts.
The Global Settlement Agreement was intended to settle most of the litigation pending against the debtor, his children, and the corporate entities owned by the children.
The agreement provided that the claims of major unsecured creditors were to be subordinated to the claims of creditors holding small unsecured claims. The claims of the latter were to be paid in full. Each major unsecured creditor was to be paid an agreed upon amount as specified in the agreement, with interest at the rate of 10% from the date the agreement was approved by the Bankruptcy Court until paid.
To fund the payment of claims as provided for in the agreement and the payment of administrative expenses of this bankruptcy case, the Gentry family agreed to pay to the chapter 11 trustee $150,000 upon court approval of the agreement and $170,000 on or before March 1, 1991. They also agreed to pay another $80,000 on or before March 1, 1991; $400,000 on or before December 1, 1991; $200,000 on or before December 1, 1993, and $125,000 on or before December 1, 1994. The aforementioned amounts plus accrued interest were to be paid on the dates indicated. After payment of administrative expenses and small unsecured claims the remaining funds were to be distributed to major unsecured creditors pro-rata as specified in the Global Settlement Agreement. The Gentry family also was required to pay subordinated claims of Keeneland Association and Citizens Fidelity Bank totaling $250,000.
To secure the "Scheduled Payments, Pro-Rata Payments and the Subordinated Payments set forth in Sections 5.1, 5.2 and 5.3 of the Global Settlement Agreement" the Gentry family, executed a security agreement on January 31, 1991, granting to the chapter 11 trustee and the debtor's major unsecured creditors a security interest in the family's interest in all equine collateral (with the exception of three specifically identified thoroughbred horses). The equine collateral is identified in exhibits to the security agreement. There does not appear to be any dispute that the security interest in question was properly perfected.
The record indicates that on or about March 4, 1991 the Gentry family made initial payments called for by the agreement which, with interest, totaled $440,000. From this and other funds the trustee paid all small unsecured claims and made pro-rata payments to the major unsecured creditors as provided for by the Global Settlement Agreement. See motion of Barry Lee Weisbord filed July 18, 1991 requesting an order discharging him as trustee.
Following a hearing on August 22, 1991 an order was entered on September 17, 1991 discharging Mr. Weisbord as trustee and restoring the debtor to the status of debtor in possession. The order authorized the trustee to turn over remaining estate funds estimated to be approximately $48,000 to the debtor in possession.
The Gentry family failed to make the $400,000 payment which under terms of the Global Settlement Agreement was due on or before December 1, 1991, thus defaulting on the agreement.
On January 10, 1992, the major unsecured creditors moved for, and following a hearing on January 22, 1992 were granted, relief from stay for the purpose of enforcing the Global Settlement Agreement.
On March 23, 1992 the major unsecured creditors moved for an order directing the Gentry family to surrender and deliver the equine collateral covered by the security agreement dated January 31, 1991. On April 2, 1992 an agreed order was entered directing the Gentry family to surrender and deliver to the creditors holding a security interest therein the collateral covered by the security agreement. The order authorized the security interest holders to dispose of the collateral at private or public sale in a commercially reasonable manner and as allowed by applicable law.
On July 2, 1992 the security interest holders moved for an order holding the debtor and the Gentry family in contempt for failure to surrender certain collateral. Following a hearing on July 22, 1992 an agreed order was entered on July 28, 1992 compelling the Gentry family to comply with the agreed order of April 2, 1992 enforcing the Global Settlement Agreement.
On May 7, 1993, the debtor/debtor in possession moved for an order rescinding the transfer to Hunting Horn, Inc. of the debtor's lender liability cause of action against First National Bank of Louisville, and for an order dismissing the bankruptcy case. Hunting Horn, Inc. is one of the corporate entities wholly owned by the debtor's children.
Following a hearing on May 26, 1993 an order was entered on June 17, 1993 dismissing the debtor's bankruptcy case with prejudice. The order provided that the transfer to Hunting Horn, Inc. of the debtor's cause of action against First National Bank of Louisville was rescinded and that the cause of action shall revert to the debtor. The order of dismissal as permitted by title 11 U.S.C. § 349 reserved to the court the right to reopen the case sua sponte or on motion to establish deficiency amounts and enforce post-judgment remedies, subject to any defenses or counterclaims which may be asserted concerning the disposition of collateral which secured the Global Settlement Agreement. The court retained jurisdiction for the issuance of such orders as may be necessary to allow the security interest holders to enforce their rights in the equine collateral covered by the security agreement of January 14, 1991.
Although the debtor's chapter 11 case was dismissed with prejudice, the case was not closed. This was due in part to the residual jurisdiction retained by the court in the order of dismissal and the fact the court was awaiting an accounting of the disposition of the collateral foreclosed on by the major unsecured creditors.
On November 17, 1995, counsel for the security interest holders filed a report of the disposition of the collateral subject to their security interest showing receipts and disbursements in connection with the liquidation of the equine collateral.
Meanwhile, the debtor was pursuing his lender liability cause of action against First National Bank of Louisville.
On or about April 2, 1996, the parties agreed to settle the debtor's lender's liability action against First National Bank of Louisville for an unrevealed amount. The action is styled Follow the Leader, Inc. and Tom Gentry v. National City Bank, a/k/a First National Bank of Louisville, Jefferson Circuit Court Case No. 87-CI-00853.
The Global Settlement Agreement of January 14, 1991 provided that the approval of the agreement by the Bankruptcy Court shall have the force and effect of a judgment of the Bankruptcy Court against the Gentry Family (defined to mean the debtor, his children, and the corporate entities owned by the children) for the Scheduled Payments, the Pro Rata Payments, the Subordinated Payments and Supplemental Payments, in favor of the trustee and the parties to this agreement other than the Gentry Family. Global Settlement Agreement paragraphs 1.2 and 5.6.
The order of this court of January 24, 1991 approving the Global Settlement Agreement also provided that the order shall have the full force and effect of a judgment of this court against the debtor, Thomas E. Gentry, Olin B. Gentry, Kathleen Gentry Spears, Bright Holdings, Inc. and Hunting Horn, Inc., for the Scheduled Payments, the Pro Rata Payments, and the Subordinated Payments and Supplemental Payments (as those terms are defined in the Settlement Agreement), in favor of the trustee and the parties to the Settlement Agreement other than the Gentry Family.
On April 3, 1996 the major unsecured creditors as defined by the Global Settlement Agreement based on the aforementioned judgment of this court obtained writs of garnishment from this court for an amount due of $1,455,783.22 with per diem of $336.85 from April 4, 1996. The writs were served on National City Bank and counsel for the debtor.
At a hearing held on April 9, 1996, this court ruled the garnishments were valid. An order to this effect was entered on April 17, 1996. The order provided that upon approval of the settlement of the debtor's lender liability action by the presiding trial judge of the Jefferson Circuit Court, an adjusted garnishment amount of $1,106,698.98, with per diem of $263.27 should be paid to Thomas Burnett, as representative of the major unsecured creditors, and held by him in an interest bearing escrow account or certificate of deposit pending further orders of this court.
The order gave the debtor twenty days from the April 17, 1996 date of the order within which to file a motion raising the issue of whether the collateral covered by the Security Agreement of January 31, 1991 was disposed of in a commercially reasonable manner. The major unsecured creditors as defined in the Global Settlement Agreement were given twenty days to respond to the motion, after which the court was to hear and rule on the motion.
The debtor did not file pleadings in the bankruptcy court raising the issue of whether the collateral had been disposed of in a commercially reasonable manner. Instead, on May 7, 1996 the debtor filed a Complaint and Petition for Declaration of Rights in a state forum, the Bourbon Circuit Court, Civil Action No. 96-CI-00090, naming as defendants the creditors who were granted a security interest in the Gentry Family equine collateral by the security agreement of January 31, 1991. The complaint alleges that the collateral was not sold in a commercially reasonable manner. The debtor requested a monetary judgment in his favor against the defendants in the amount of the difference between the fair market value of the collateral and the outstanding balance due the defendants under the Global Settlement Agreement as of April 2, 1992, the date the defendants took possession of the collateral. The debtor requested a trial by jury on all issues so triable.
The defendants in the Bourbon Circuit Court action timely removed that action to this court. It is now denominated Adversary Proceeding No. 96-5051. The defendants have filed an answer specifically denying certain allegations and generally denying each and every allegation contained in the complaint.
The debtor's motion for this court to abstain from hearing any matters related to the Global Settlement Agreement and to close the debtor's bankruptcy case, or, in the alternative, for a jury trial, was filed in the debtor's bankruptcy case on May 7, 1996, the same day the declaratory judgment action was filed in the Bourbon Circuit Court. The motion was premature in that it was filed before removal of the Bourbon Circuit Court action to this court.
The Global Settlement Agreement clearly indicates that in the event of default this abated chapter 11 case and related adversary proceedings could be reactivated under the jurisdiction of the bankruptcy court. Agreement paragraphs 3(d), 3.5, 8.5, 10.1(a), 10.1(b)(1), 10.2, 10.3, 12.2.
The order of June 17, 1993 dismissing the debtor's chapter 11 case precludes the debtor from obtaining a discharge with respect to debts existing at the time of dismissal and reserves and retains jurisdiction of the bankruptcy court for issuance of such orders as may be necessary to allow creditors to enforce their rights in collateral securing the Global Settlement Agreement.
The Global Settlement Agreement provides that the remedies specified in the agreement are cumulative and not exclusive. Paragraph 10.3. The Security Agreement executed by the parties in connection with the Global Settlement Agreement contains language to the same effect. Security Agreement, paragraph 19. An election to terminate rather than enforce the agreement would have the effect of permitting the major unsecured creditors to collect the full amount rather than the compromised amount of their claims. Paragraph 10.2.
The Security Agreement executed by the debtor, his children, and the corporate entities owned by the children, conveying to the defendants in the Bourbon Circuit Court action a security interest in the equine collateral owned by the Gentry Family, provides that the parties to the security agreement "waive all right to trial by jury in any action, proceeding or counterclaim arising out of the rights, remedies, warranties, or representations of the parties to this Security Agreement and the construction of this Security Agreement." Security Agreement, paragraph 16.
Both the Global Settlement Agreement and the accompanying Security Agreement provide the agreements are governed by the law of the Commonwealth of Kentucky.
The motion of the debtor for the court to abstain from hearing matters related to the Global Settlement Agreement, to close the debtor's bankruptcy case, or in the alternative, for a jury trial shall be overruled.
To the extent that the motion to abstain relates to the debtor's bankruptcy case rather than to the civil action commenced by the debtor in the Bourbon Circuit Court, there is no showing that the interests of creditors and the debtor would be better served by the continued suspension of proceedings in the bankruptcy case. 11 U.S.C. § 305. This is especially so in view of the fact that monies sufficient to satisfy the claims of creditors have been sequestered by garnishments issued on the judgment of this court against the debtor.
To the extent that the motion to abstain relates to Adversary Proceeding No. 96-5051, the civil action removed to this court from the Bourbon Circuit Court, which seeks a declaratory judgment as to the effect of a Global Settlement Agreement and an accompanying Security Agreement executed by the parties postpetition with the approval of this court, the adversary proceeding obviously is a proceeding "arising in" this bankruptcy case. Consequently, 11 U.S.C. § 1334(c)(2) does not mandate abstention in this removed adversary proceeding. In re Ben Cooper, Inc., 896 F.2d 1394 (2d Cir. 1990), cert. den., 500 U.S. 928; Arnold Print Works, Inc., 815 F.2d 165 (1st Cir. 1987). Nor, on the facts of this case, is there any basis for discretionary abstention under 11 U.S.C. § 1334(c)(1).
There was consideration for the debtor's contractual waiver of his right to a jury trial in any action or counterclaim arising out of the rights or remedies of the parties to the security agreement. The major unsecured creditors likewise waived their right to a jury trial. They compromised the amount of their claims. They agreed to forego prosecution of the several actions or adversary proceedings against the debtor, his children, and the corporate entities owned by the children. Under the facts of this case such a contractual waiver of a right to a jury trial is enforceable. McCarthy, et al. v. Wynne, et al., 126 F.2d 620 (10th Cir. 1942); Freeman v. Island Discount Corp., 169 N.Y.S.2d 830, (S.Ct., App. Div. 2d Dept. 1958); Annot., Validity and Effect of Contractual Waiver of Trial by Jury, 73 A.L.R.2d 1332 (1960).
In conformity with the memorandum opinion of the court this day entered, IT IS ORDERED that the motion of the debtor for the court to abstain from hearing matters relating to the Global Settlement Agreement, to close the debtor's bankruptcy case, or in the alternative, for a jury trial is overruled.


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ADOLF H. GRAUSTEIN vs. HARRY F. R. DOLAN & others.
bill set forth improperly an evidential admission of a fact, rather than the fact itself, and the answer did not admit the existence of the fact; (2) The fact found by the judge did not contradict the answer. The defendant partner was not a party to the agreement in writing under which he held the greater part of the purchase money involved in the sale above described, and that agreement did not provide for the ultimate disposition of such money; and it was held that, at the hearing of the suit above described, no violation of the parol evidence rule was involved in a decision by the judge that a disposition of the fund in accordance with contemporaneous oral directions from the seller and the plaintiff discharged all liability.
An appeal does not lie from findings, rulings and an order for decree dismissing a bill in equity with costs; and, even if such an order were deemed to be in substance an interlocutory decree, it was stated that an appeal from a final decree entered in accordance therewith opened to the appellant all contentions that would be open on an appeal from such interlocutory decree.
Where, at the hearing of a suit in equity, one of the parties presents requests for rulings which the judge refuses and no exception to such refusal is saved, and there is a report of material facts but no report of the evidence under G. L. (Ter. Ed.) c. 214, s. 24, and Rule 76 of the Superior Court (1932), the requests cannot be considered by this court on appeal from a final decree against the party who presented them.
It was stated that the use of requests for limited purposes in hearings before masters, who commonly report their findings without the evidence, is not affected by the above decision.
BILL IN EQUITY for an accounting, filed in the Superior Court on January 12, 1932, and afterwards amended, against Harry F. R. Dolan, the members of the law firm of Dolan, Morson and Stebbins, and H. P. Hood & Sons, Inc.
The suit was heard by Gray, J., a stenographer having been appointed under G. L. (Ter. Ed.) c. 214, s. 24; Rule 76 of the Superior Court (1932). The record before this court contained a statement by the judge, filed on June 20, 1932, of his findings, rulings and order for decree, but no report of the evidence. Material facts found by the judge are stated in the opinion. A final decree was entered dismissing the bill. The plaintiff appealed from the "order or interlocutory decree of June 20, 1932, and findings therein," and also from the final decree.
W. A. Graustein, attorney in fact, for the plaintiff.
J. H. Morson, for the defendants.
chusetts on September 1, 1927, sold all its assets, except accounts receivable and choses in action, to H. P. Hood & Sons, Inc., for the price of $22,200. As a part of the transaction the plaintiff discharged a chattel mortgage held by him upon some of the assets. The Maple Farm Milk Company of Massachusetts (the seller) and the plaintiff as mortgagee agreed in writing with the buyer on the same day that the entire price might remain in the hands of the defendant Dolan for fifteen days for the purpose of making adjustments in favor of the buyer for property bought that might fail of delivery. At the same time another instrument was signed by the seller, the buyer, and the defendant Dolan, whereby the seller agreed to deposit $2,000 with the defendant Dolan to enable him to pay the conditional vendors of certain trucks included in the sale. At the same time, also, the seller assigned to the plaintiff all its accounts receivable and choses in action, and the trial judge ruled that the assignment included its claim for the purchase price of the sale.
The defendant Dolan received $22,413.02 in all under the instruments just described, and deposited the money in the bank account of Dolan, Morson and Stebbins, the law firm of which he was a member. He used $1,790.80 to pay off the conditional vendors, $36.75 for expenses, and paid the plaintiff $16,094.97, leaving a balance of $4,490.50. The plaintiff attacks only the disposition of this balance. The trial judge found that on September 1, 1927, "while the documents hereinbefore referred to were being discussed and prepared and before their execution," the seller and the plaintiff orally authorized the defendant Dolan, out of the purchase price which was to be in his hands, to pay certain debts of the seller, amounting to $703.95, and to pay a debt of the seller to Dolan, Morson and Stebbins for legal services and expenses, amounting to $3,786.55, and that these payments were made. If these payments were lawfully made, no balance remains to be accounted for. The case is here upon the plaintiff's appeal from a final decree dismissing his bill with costs.
under oath in court that he had paid to the law firm of Dolan, Morson and Stebbins . . . the sum of ... $3,786.55 of aforesaid fund without authority or order." The answer of the defendant Dolan admits that he "stated under oath" that he made such payment "without consulting the complainant with relation thereto," and sets up in another paragraph a direction from the seller to pay the law firm and certain other creditors. In this situation the plaintiff contends that the finding that the plaintiff authorized these payments is without effect because contrary to the admission in the answer just recited. See Bancroft v. Cook, 264 Mass. 343, 348, and Calnan v. Guaranty Security Corp. 271 Mass. 533, 541; compare with the latter case the changes made by Rule 29 of the Superior Court (1932). But in respect to the authority given to the defendant Dolan the bill set forth improperly an evidential admission of a fact, rather than the fact itself (G. L. [Ter. Ed.] c. 214, s. 12; Taylor v. Neal, 260 Mass. 427, 439; Christiansen v. Dixon, 271 Mass. 475), and the answer admitted the making of the admission rather than the fact. Accordingly, the contrary fact found by the judge did not contradict the answer. The admission by the defendant Dolan as a witness at the trial of another case, that he paid his law firm $3,786.55 without authority from the plaintiff, did not prevent him from asserting and demonstrating in this case that his former testimony was mistaken. Upon this bill, which was for an accounting, the defendants could show any proper disposition of the fund not closed to them by the answer. Goldthwait v. Day, 149 Mass. 185. Braman v. Foss, 204 Mass. 404, 411, 412. The instrument under which the bulk of the purchase price was held was silent as to its ultimate disposition, no one was interested in that except the seller and the plaintiff, the defendant Dolan was not a party to the instrument, and no violation of the parol evidence rule was involved in the decision that a disposition of the fund in accordance with contemporaneous oral directions from the seller and the plaintiff discharged all liability.
an order for decree dismissing the bill with costs, filed on June 20, 1932. This was not the final decree, but an order for the entry of the final decree entered on July 1, 1932. Churchill v. Churchill, 239 Mass. 443, 445, 446. Neither was it in form an interlocutory decree. Appeals in equity are limited to appeals from interlocutory and final decrees. G. L. (Ter. Ed.) c. 214, s. 19, 26. An order for a decree has never been the subject of appeal as such in equity cases except during the period between the taking effect of G. L. c. 231, s. 96, 144, on January 1, 1921, and the taking effect of St. 1928, c. 306, which restored the general equity practice. Siciliano v. Barbuto, 265 Mass. 390. Knox v. Springfield, 273 Mass. 109. Assuming, however, that the order for a decree may be deemed in substance an interlocutory decree and appealable as such (Bartlett v. Slater, 211 Mass. 334, 352; Churchill v. Churchill, 239 Mass. 443, 445; Check v. Kaplan, 280 Mass. 170, 175), this appeal needs no separate consideration, for everything opened by it is also open on the appeal from the final decree. No error appears in entering the final decree upon the facts found by the judge. His findings are consistent with each other, and in the absence of the evidence we have no means of revising them.
c. 214, s. 23, 24. Moss v. Old Colony Trust Co. 246 Mass. 139, 144. Plumer v. Houghton & Dutton Co. 277 Mass. 209, 214, 215. If it be assumed in favor of the plaintiff, but without deciding, that exceptions to refusals to grant such requests could be brought here on appeal under G. L. (Ter., Ed.) c. 214, s. 25, and once here would not be overshadowed and rendered immaterial by the duty of this court to order a correct decree upon the pleadings and evidence, whatever the views of the law entertained by the court below, in the present case the requests cannot be considered because no exceptions were taken. Cases may be found in which such requests have been considered on appeal in equity, but in those cases the point of practice was not raised or decided. The use of requests for limited purposes in hearings before masters (Warfield v. Adams, 215 Mass. 506, 519; First National Bank of Haverhill v. Harrison, 271 Mass. 258, 263; Long v. Athol, 196 Mass. 497, 507), who commonly report their findings without the evidence, is not affected by anything here decided.

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“Go back to Cuba!” Sociologist Roberta Peres was startled by the shout of a passenger in a gray car passing in front of Missão Paz, a religious institution that serves migrants, immigrants and refugees shortly after their arrival in São Paulo. The Haitian she was interviewing — an engineering student who had interrupted her degree because her university was destroyed by the 2010 earthquake in Haiti — did not understand the situation, as they were talking in English. It was early 2014, the height of the wave of Haitians arriving in the state capital. Hostility grew in the following months. On Saturday, August 1, 2015, six Haitians were shot with a BB gun on Glicério Street and on the steps of the Our Lady of Peace church, where Missão Paz is located.
The survey reinforced two previous findings by the NEPO team. The first is lack of geographical concentration: cities in upstate São Paulo, such as Piracicaba and Limeira, in addition to cities like Campinas, Jundiaí and Santa Fé do Sul — due to international investments in agriculture or industry — are the destinations of more immigrants and are finding themselves in situations previously common only in state capitals like São Paulo, which until the early 2000s was the almost exclusive destination of foreigners. “Surplus population follows international capital allocations, although the city of São Paulo continues to be a reference in the minds of immigrants,” says Baeninger.
The second conclusion is that the immigration wave of the last 10 years — consisting of Bolivians, Peruvians and other Latin Americans, plus Haitians, Senegalese and Congolese beginning in 2010 — runs contrary to tacit historical assumptions. “Since the late 19th century, people have come to believe that, for an immigrant to be accepted, he had to be white and European, and current immigrants are indigenous peoples who speak Spanish, such as Bolivians, or blacks who speak French or Creole, like the Haitians,” says Baeninger, who has been working in this field for 30 years. According to her, the distance from the historical white European standard, the absence of an explicit need for foreign labor and the lack of local, state and federal public policies to promote the social interaction of the 21st-century immigrants, is generating what she calls “distancing in relation to the other” and hostile reactions.
The Japanese who arrived in the early part of the 20th century, says Baeninger, although tolerated due to the need for labor on the coffee plantations — then the foundation of the Brazilian economy — were treated with hostility and subject to discrimination, as shown in the film Gaijin – Os caminhos da liberdade (Gaijin – The paths to freedom) (1980). Asians were seen as an inferior race like blacks and Indians that would adversely affect the whitening of the population so desired by the Brazilian government and promoted by European immigrants.
With its eugenic character, the plan to whiten the Brazilian population is believed to have been established by Getúlio Vargas during the Estado Novo (1930-1945). According to a study by historian Fábio Koifman, of the Federal Rural University of Rio de Janeiro (UFRRJ), published in the book Imigrante ideal: o Ministério da Justiça e a entrada de estrangeiros no Brasil (1941-1945) (The Ideal Immigrant: the Ministry of Justice and the entry of foreigners in Brazil (1941-1945)) (Civilização Brasileira, 2012), the plan established which immigrants were desirable — white, catholic and apolitical, preferably Portuguese with low levels of education, without “corrupting ideas” like the intellectual groups from Germany, France and Austria, among other countries. The undesirables were black, Japanese, elderly or disabled. In 1930, during his presidential campaign, Vargas stated that immigration would also have to be considered from an ethnic as well as economic viewpoint. After his election, he approved several laws that established quotas on immigration, principally restricting the immigration of Asians. “Literate segments of Brazilian society and many in the government, including Vargas, believed that the problem of Brazilian development was related to the poor ethnic background of the people. They thought that by attracting ‘good’ immigrants, or in other words whites who would integrate with the non-white population would enable Brazil to become a more developed society in 50 years,” said Koifman in a Pesquisa FAPESP interview published in 2012 (see Issue nº 201).
Those who arrive are often disappointed. According to Father Paolo Parise, one of the Missão Paz directors, the coyotes — the name given to smugglers who charge immigrants to help them traverse country borders — promise the Haitians that they will easily find jobs paying $1,500 a month. “Haitians say they never imagined that Brazil was so racist,” he says. Supported by the Scalabrinian Congregation and donations, Missão Paz has offered housing, food, medical, psychological and social care and documentation services for immigrants, refugees and migrants since 1978. Eleven thousand of the 60,000 Haitians who have arrived in Brazil since 2010 have passed through the organization. At the beginning of September, 2015, Father Parise greeted the recent Syrian arrivals with his hand on his chest, without extending his hand or touching them, as he normally did with the Latin Americans he met while walking, indicating the care needed when dealing with people from different countries and cultures.
In 2015, the team from Missão Paz was able to find jobs for more than 1,180 immigrants. Through September of 2014, they had found jobs for 1,700, which makes Father Parise predict that 2015 could end up with one third fewer immigrants hired. The Unicamp survey also indicated that the best times seem to have passed. After a period of relatively easy-to-find temporary work in construction before the 2014 World Cup, many now prefer to go to the states of Santa Catarina and Rio Grande do Sul where they believe they will find better jobs.
“Public agencies are in favor of immigration and taking responsibility for developing public policies,” observes Camila Baraldi, adjunct coordinator of the Migrant Policy Coordination Department (CPMig) of the São Paulo Municipal Secretary of Human Rights and Citizenship. One of its first actions, shortly after being established in 2013, was to promote the simplification of the bureaucracy faced by immigrants in opening bank accounts as a way to reduce their risk of being mugged since they tend to carry all of their money on their person. CPMig also facilitates the hiring of these immigrants by companies. Most of the time CPMig teams focused on Haitians, who arrived in large numbers in 2014, sometimes as many as one bus-load per day. The flow is slower now, but two or three buses still arrive every week from Acre, the first stop in Brazil. Most stay in the city of São Paulo, at least in the beginning. Now there has been an increase in Syrians arriving: in August 2015 city teams assisted 25.
For those who arrive with no place to go, the department offers temporary housing and help with documents and finding a job, in addition to providing contacts for teams in other public agencies to ensure access to health and educational services and social assistance. “They are often denied these rights, due to the lack of knowledge on the part of the government employee assisting them,” says Baraldi. At the moment, one of the priorities is to form an Interdepartmental Committee on Municipal Policy for Immigrants, established in August 2015, which will consist of 13 representatives from the government and 13 from the general public, with the task of developing a public policy proposal for the immigrant population currently living in the city of São Paulo.
Legal support for immigrants is still precarious. The Refugee Act (1997) ensures them of some rights, such as registration as a foreigner in Brazil, but broader actions are made difficult by the restrictive nature of the Foreigner Act, in force since the 1980s. In July 2015, the Senate approved a bill that would establish a new Migration Act, revoking the prior statute and reducing the requirements for granting visas and authorization for residence. The bill is currently being considered by the House of Representatives.
In the last four years, the number of refugees in Brazil has doubled, reaching 8,530 by September 2015 according to the National Committee on Refugees of the Ministry of Justice. Syrians, who are arriving in increasing numbers, represent 24.5% of the total number of refugees of 81 nationalities who live in Brazil, followed by Colombians, Angolans, Congolese and Lebanese. There are also 12,666 requests for refugee status being assessed.
In Brazil there are no swarms of refugees like those arriving in Central Europe in recent months, principally from Syria, destroyed by war. In 2015, Germany received about 200,000 immigrants, which could compensate for the decrease in population due to the fall in the birth rate, but in general immigrants are unwelcome — and not only in Europe. According to a study from the French institute Ipsos, half of the inhabitants interviewed in 24 nations, including Brazil, said that there were too many immigrants in their countries; 46% believed that the foreigners made it more difficult for citizens to find jobs and only 21% of the 17,533 people interviewed thought that the impact of immigrants on their country was positive. In Brazil, 36% of those surveyed said that immigrants increased competition for jobs, a percentage much lower than the 85% in Turkey, 68% in Russia and 56% in Argentina with the same opinion.
The contrary reactions exhibited so far in Brazilian cities are also far from the conflicts taking place in Europe, “but express the difficulty the receiving society is having in accepting these groups of immigrants,” stresses Baeninger. In 2012 and 2013, graffiti on the doors of shops in Piracicaba was hostile to Koreans, many of whom had moved to the city when the South Korean auto manufacturer Hyundai began building its factory there in 2010. In early August 2015, the words “Back to Haiti” were painted on the wall of the cemetery in Nova Odessa, a city near Campinas. Through July 2015, the Nova Odessa Baptist Church had helped about 80 Haitians find jobs and learn Portuguese. In 2014, 13 Haitians denounced beatings they had suffered at the companies in which they worked in Curitiba. An estimated 2,500 Haitians work in that city, many in construction.
Despite the difficulties, the immigrants are making a place for themselves. There are already restaurants, cafés, clothing stores and Internet cafés with Haitian employees or owners in the Glicério region, near the Missão Paz, in São Paulo. Coimbra Street, in the Brás neighborhood, is the heart of São Paulo’s Bolivian community, with an estimated 300,000 immigrants, of which only 90,000 are legal. Open-air markets on Saturday and Sunday on Coimbra Street bring together about 6,000 Bolivians and visitors who can purchase potatoes that look like carrots, white, black or red-flecked stones, and many types of corn and pepper and other spices, among restaurants serving salchipara, silpancho, sajta, cordan soup and other traditional dishes. The sellers are attentive, but reluctant, probably due to their undocumented status. They talk enthusiastically about the many kinds of corn, less about the cities from which they came — most likely La Paz or Cochabamba — and then fall silent. The market was legalized by the city in November 2014, a move which allowed improvements in its organization and safety, after having operated for 11 years without a permit.
Less then 3 kilometers away is a city maternity hospital whose teams, since 2005, have specialized in assisting Bolivian women who, generally, do not speak Portuguese. In an article published in 2006 in the journal Estudos Avançados (Advanced Studies), the anthropologist Sidney Silva, of the Federal University of Amazonas, wrote that Bolivian immigration became more visible in São Paulo beginning in the 1980s, but actually began in the 1950s with students who arrived through a Brazilian-Bolivian cultural exchange program. “After completing their studies, many of them chose to stay due to the many offers of employment at the time in the São Paulo labor market,” said Silva. After, the flow of Latin American immigrants — Bolivians, Peruvians and Paraguayans, Uruguayans and Chileans — continued to grow. They work mostly in the apparel industry and retail.
In order to understand the roots of immigration, the sociologist Patrícia Freitas, currently a researcher at the Center for Metropolitan Studies (CEM), one of the 17 Research, Innovation and Dissemination Centers (RIDCs) financed by FAPESP, interviewed 17 Bolivians in São Paulo and another 33, over an eight-month period in 2012 and 2013, in cities and rural municipalities in Bolivia, as part of her doctorate under Rosana Baeninger. “In general, the Bolivians who immigrated have been driven out of the countryside since the 1980s and 1990s and lived in extremely precarious situations in cities in Bolivia,” Freitas concluded, after following the personal trajectories of those interviewed.
“The working conditions there are worse than here, where they can earn more. There are cases of exploitation, yes, but many do well,” she says. According to her, employers use ads to attract those interested in immigrating and pay their travel expenses to São Paulo or Buenos Aires, another common destination, to work in the garment industry, agreeing to a debt that is not always paid because the immigrants find better jobs after arriving. The 50 individuals interviewed had worked in 180 garment factories in Bolivian cities and São Paulo.
“This is an opportunity to recognize that we are a part of Latin America,” says Camila Baraldi, of CPMig. In her doctorate, concluded in 2014 at USP, she argued that South American citizenship is a work in progress and “could become a citizenship founded on the paradigm of mobility.” Father Parise suggests: “We need to understand and teach the historical reasons behind migratory flows.” “Today’s world,” he says, “is made up of emigration and refuge, which are no longer circumstantial, but rather have become structural.” International migration is one of the foundations on which societies and states form, expand and reproduce, reiterates Thomas Nail, professor at the University of Denver, in a recent book entitled The figure of the migrant (Stanford University Press). “The social conditions of migration,” he observes, “are always a mixture of territorial, political, legal and economic expulsion. The four types operate at the same time, to different degrees.” The academic world has a role to fulfill in this field, offering opportunities for students and researchers to continue their careers, alerted an editorial in Nature on September 10, 2015. If not, argues the journal, we could lose an entire generation of talents from the Middle East and other regions of the world.
1. Observatory of migrations in São Paulo: internal and international migrations in contemporary State of São Paulo (nº 2014/04850-1); Grant Mechanism: Thematic Project; Principal Investigator: Rosana Aparecida Baeninger (NEPO/Unicamp); Investment: R$555,279.96.
2. The governance of international migrations and its impacts on the social experience of migrants: a comparative study of national and local contexts in São Paulo, Brazil, and Buenos Aires, Argentina (nº 2014/11649-0); Grant Mechanism: Post-doctorate research grant; Principal Investigator: Eduardo Cesar Leão Marques (USP); Grant Recipient: Patrícia Tavares de Freitas; Investment: R$169,557.84.
BAENINGER, R. Rotatividade migratória: um novo olhar para as migrações internas no Brasil. Revista Interdisciplinar da Mobilidade Humana. V. 20, No. 39, p. 77-100. 2012.
FREITAS, P. T. de. Família e inserção laboral de jovens migrantes na indústria de confecção. Revista Interdisciplinar da Mobilidade Humana. V. 22, p. 231-46. 2014.
Keep a welcome. Nature, V. 525, p. 157. September 10, 2015.
OLIVEIRA, A.T.R. de. Os invasores: As ameaças que representam as migrações subsaariana na espanha haitiana no Brasil. Revista Interdisciplinar da Mobilidade Humana. V. 23, No. 44, p. 135-55. Jan./Jun. 2015.
SILVA, S.A. Bolivianos em São Paulo: entre o sonho e a realidade. Estudos Avançados. V. 20, No. 57, p. 157-70. 2006.
Eduardo CesarSellers of herbs and spices typical of Bolivia in an open market on Coimbra Street, in São PauloEduardo Cesar “Go back to Cuba!” Sociologist Roberta Peres was startled by the shout of a passenger in a gray car passing in front of Missão Paz, a religious institution that serves migrants, immigrants and refugees shortly after their arrival in São Paulo. The Haitian she was interviewing — an engineering student who had interrupted her degree because her university was destroyed by the 2010 earthquake in Haiti — did not understand the situation, as they were talking in English. It was early 2014, the height of the wave of Haitians arriving in the state capital. Hostility grew in the following months. On Saturday, August 1, 2015, six Haitians were shot with a BB gun on Glicério Street and on the steps of the Our Lady of Peace church, where Missão Paz is located. “In several Brazilian cities Haitians are still oppressed by locals,” says Rosana Baeninger, also a sociologist and colleague of Peres at the Population Studies Center (NEPO) at the University of Campinas (Unicamp). The two participated in a recently concluded study on the status and plans of 250 Haitians who live in Manaus, Porto Velho, the city of São Paulo, three cities in upstate São Paulo (Campinas, Jundiaí and Santa Fé do Sul), and Curitiba, Camboriú, Porto Alegre and Encantado in the state of Rio Grande do Sul. Those interviewed were mostly men aged 24 to 29 who intended to send for their families, but were not planning to stay in Brazil. “To the Haitians,” said Peres, “Brazil is no longer a target country but rather an intermediary — although long — step on the way to the United States, where most said they would like to go.” The survey reinforced two previous findings by the NEPO team. The first is lack of geographical concentration: cities in upstate São Paulo, such as Piracicaba and Limeira, in addition to cities like Campinas, Jundiaí and Santa Fé do Sul — due to international investments in agriculture or industry — are the destinations of more immigrants and are finding themselves in situations previously common only in state capitals like São Paulo, which until the early 2000s was the almost exclusive destination of foreigners. “Surplus population follows international capital allocations, although the city of São Paulo continues to be a reference in the minds of immigrants,” says Baeninger. Eduardo CesarAfrican immigrants selling goods on the streetsEduardo Cesar The second conclusion is that the immigration wave of the last 10 years — consisting of Bolivians, Peruvians and other Latin Americans, plus Haitians, Senegalese and Congolese beginning in 2010 — runs contrary to tacit historical assumptions. “Since the late 19th century, people have come to believe that, for an immigrant to be accepted, he had to be white and European, and current immigrants are indigenous peoples who speak Spanish, such as Bolivians, or blacks who speak French or Creole, like the Haitians,” says Baeninger, who has been working in this field for 30 years. According to her, the distance from the historical white European standard, the absence of an explicit need for foreign labor and the lack of local, state and federal public policies to promote the social interaction of the 21st-century immigrants, is generating what she calls “distancing in relation to the other” and hostile reactions. The Japanese who arrived in the early part of the 20th century, says Baeninger, although tolerated due to the need for labor on the coffee plantations — then the foundation of the Brazilian economy — were treated with hostility and subject to discrimination, as shown in the film Gaijin – Os caminhos da liberdade (Gaijin – The paths to freedom) (1980). Asians were seen as an inferior race like blacks and Indians that would adversely affect the whitening of the population so desired by the Brazilian government and promoted by European immigrants. With its eugenic character, the plan to whiten the Brazilian population is believed to have been established by Getúlio Vargas during the Estado Novo (1930-1945). According to a study by historian Fábio Koifman, of the Federal Rural University of Rio de Janeiro (UFRRJ), published in the book Imigrante ideal: o Ministério da Justiça e a entrada de estrangeiros no Brasil (1941-1945) (The Ideal Immigrant: the Ministry of Justice and the entry of foreigners in Brazil (1941-1945)) (Civilização Brasileira, 2012), the plan established which immigrants were desirable — white, catholic and apolitical, preferably Portuguese with low levels of education, without “corrupting ideas” like the intellectual groups from Germany, France and Austria, among other countries. The undesirables were black, Japanese, elderly or disabled. In 1930, during his presidential campaign, Vargas stated that immigration would also have to be considered from an ethnic as well as economic viewpoint. After his election, he approved several laws that established quotas on immigration, principally restricting the immigration of Asians. “Literate segments of Brazilian society and many in the government, including Vargas, believed that the problem of Brazilian development was related to the poor ethnic background of the people. They thought that by attracting ‘good’ immigrants, or in other words whites who would integrate with the non-white population would enable Brazil to become a more developed society in 50 years,” said Koifman in a Pesquisa FAPESP interview published in 2012 (see Issue nº 201). Eduardo CesarCustomers of Bolivian shops on street in the Brás neighborhood of São PauloEduardo Cesar Prejudice Both in Brazil and in Europe, the media treat the arrival of immigrants “as a threat, as if the country had been invaded by an unemployed horde, troublemakers who come here to pressure the overwrought social protection system and the labor market,” wrote Antônio Tadeu Ribeiro de Oliveira, a researcher at the Brazilian Institute of Geography and Statistics (IBGE), in an article published in January, 2015 in the Revista Interdisciplinar da Mobilidade Humana (Interdisciplinary Journal of Human Mobility). According to Oliveira, the dimension of this phenomenon, despite the intense visibility, “is much smaller than the arrival of illegal white immigrants through airports, ports and other border areas.” Those who arrive are often disappointed. According to Father Paolo Parise, one of the Missão Paz directors, the coyotes — the name given to smugglers who charge immigrants to help them traverse country borders — promise the Haitians that they will easily find jobs paying $1,500 a month. “Haitians say they never imagined that Brazil was so racist,” he says. Supported by the Scalabrinian Congregation and donations, Missão Paz has offered housing, food, medical, psychological and social care and documentation services for immigrants, refugees and migrants since 1978. Eleven thousand of the 60,000 Haitians who have arrived in Brazil since 2010 have passed through the organization. At the beginning of September, 2015, Father Parise greeted the recent Syrian arrivals with his hand on his chest, without extending his hand or touching them, as he normally did with the Latin Americans he met while walking, indicating the care needed when dealing with people from different countries and cultures. Eduardo CesarRecent arrivals from Syria are assisted by the Solidarity Oasis, an organization supported by the Syrian community already established in São PauloEduardo Cesar In 2015, the team from Missão Paz was able to find jobs for more than 1,180 immigrants. Through September of 2014, they had found jobs for 1,700, which makes Father Parise predict that 2015 could end up with one third fewer immigrants hired. The Unicamp survey also indicated that the best times seem to have passed. After a period of relatively easy-to-find temporary work in construction before the 2014 World Cup, many now prefer to go to the states of Santa Catarina and Rio Grande do Sul where they believe they will find better jobs. “Public agencies are in favor of immigration and taking responsibility for developing public policies,” observes Camila Baraldi, adjunct coordinator of the Migrant Policy Coordination Department (CPMig) of the São Paulo Municipal Secretary of Human Rights and Citizenship. One of its first actions, shortly after being established in 2013, was to promote the simplification of the bureaucracy faced by immigrants in opening bank accounts as a way to reduce their risk of being mugged since they tend to carry all of their money on their person. CPMig also facilitates the hiring of these immigrants by companies. Most of the time CPMig teams focused on Haitians, who arrived in large numbers in 2014, sometimes as many as one bus-load per day. The flow is slower now, but two or three buses still arrive every week from Acre, the first stop in Brazil. Most stay in the city of São Paulo, at least in the beginning. Now there has been an increase in Syrians arriving: in August 2015 city teams assisted 25. For those who arrive with no place to go, the department offers temporary housing and help with documents and finding a job, in addition to providing contacts for teams in other public agencies to ensure access to health and educational services and social assistance. “They are often denied these rights, due to the lack of knowledge on the part of the government employee assisting them,” says Baraldi. At the moment, one of the priorities is to form an Interdepartmental Committee on Municipal Policy for Immigrants, established in August 2015, which will consist of 13 representatives from the government and 13 from the general public, with the task of developing a public policy proposal for the immigrant population currently living in the city of São Paulo. Legal support for immigrants is still precarious. The Refugee Act (1997) ensures them of some rights, such as registration as a foreigner in Brazil, but broader actions are made difficult by the restrictive nature of the Foreigner Act, in force since the 1980s. In July 2015, the Senate approved a bill that would establish a new Migration Act, revoking the prior statute and reducing the requirements for granting visas and authorization for residence. The bill is currently being considered by the House of Representatives. In the last four years, the number of refugees in Brazil has doubled, reaching 8,530 by September 2015 according to the National Committee on Refugees of the Ministry of Justice. Syrians, who are arriving in increasing numbers, represent 24.5% of the total number of refugees of 81 nationalities who live in Brazil, followed by Colombians, Angolans, Congolese and Lebanese. There are also 12,666 requests for refugee status being assessed. In Brazil there are no swarms of refugees like those arriving in Central Europe in recent months, principally from Syria, destroyed by war. In 2015, Germany received about 200,000 immigrants, which could compensate for the decrease in population due to the fall in the birth rate, but in general immigrants are unwelcome — and not only in Europe. According to a study from the French institute Ipsos, half of the inhabitants interviewed in 24 nations, including Brazil, said that there were too many immigrants in their countries; 46% believed that the foreigners made it more difficult for citizens to find jobs and only 21% of the 17,533 people interviewed thought that the impact of immigrants on their country was positive. In Brazil, 36% of those surveyed said that immigrants increased competition for jobs, a percentage much lower than the 85% in Turkey, 68% in Russia and 56% in Argentina with the same opinion. Eduardo CesarBolivian woman in festive clothes attending a poetry festival at the Sunday market on Kantuta square, in the Canindé neighborhoodEduardo Cesar The contrary reactions exhibited so far in Brazilian cities are also far from the conflicts taking place in Europe, “but express the difficulty the receiving society is having in accepting these groups of immigrants,” stresses Baeninger. In 2012 and 2013, graffiti on the doors of shops in Piracicaba was hostile to Koreans, many of whom had moved to the city when the South Korean auto manufacturer Hyundai began building its factory there in 2010. In early August 2015, the words “Back to Haiti” were painted on the wall of the cemetery in Nova Odessa, a city near Campinas. Through July 2015, the Nova Odessa Baptist Church had helped about 80 Haitians find jobs and learn Portuguese. In 2014, 13 Haitians denounced beatings they had suffered at the companies in which they worked in Curitiba. An estimated 2,500 Haitians work in that city, many in construction. Despite the difficulties, the immigrants are making a place for themselves. There are already restaurants, cafés, clothing stores and Internet cafés with Haitian employees or owners in the Glicério region, near the Missão Paz, in São Paulo. Coimbra Street, in the Brás neighborhood, is the heart of São Paulo’s Bolivian community, with an estimated 300,000 immigrants, of which only 90,000 are legal. Open-air markets on Saturday and Sunday on Coimbra Street bring together about 6,000 Bolivians and visitors who can purchase potatoes that look like carrots, white, black or red-flecked stones, and many types of corn and pepper and other spices, among restaurants serving salchipara, silpancho, sajta, cordan soup and other traditional dishes. The sellers are attentive, but reluctant, probably due to their undocumented status. They talk enthusiastically about the many kinds of corn, less about the cities from which they came — most likely La Paz or Cochabamba — and then fall silent. The market was legalized by the city in November 2014, a move which allowed improvements in its organization and safety, after having operated for 11 years without a permit. Less then 3 kilometers away is a city maternity hospital whose teams, since 2005, have specialized in assisting Bolivian women who, generally, do not speak Portuguese. In an article published in 2006 in the journal Estudos Avançados (Advanced Studies), the anthropologist Sidney Silva, of the Federal University of Amazonas, wrote that Bolivian immigration became more visible in São Paulo beginning in the 1980s, but actually began in the 1950s with students who arrived through a Brazilian-Bolivian cultural exchange program. “After completing their studies, many of them chose to stay due to the many offers of employment at the time in the São Paulo labor market,” said Silva. After, the flow of Latin American immigrants — Bolivians, Peruvians and Paraguayans, Uruguayans and Chileans — continued to grow. They work mostly in the apparel industry and retail. In order to understand the roots of immigration, the sociologist Patrícia Freitas, currently a researcher at the Center for Metropolitan Studies (CEM), one of the 17 Research, Innovation and Dissemination Centers (RIDCs) financed by FAPESP, interviewed 17 Bolivians in São Paulo and another 33, over an eight-month period in 2012 and 2013, in cities and rural municipalities in Bolivia, as part of her doctorate under Rosana Baeninger. “In general, the Bolivians who immigrated have been driven out of the countryside since the 1980s and 1990s and lived in extremely precarious situations in cities in Bolivia,” Freitas concluded, after following the personal trajectories of those interviewed. “The working conditions there are worse than here, where they can earn more. There are cases of exploitation, yes, but many do well,” she says. According to her, employers use ads to attract those interested in immigrating and pay their travel expenses to São Paulo or Buenos Aires, another common destination, to work in the garment industry, agreeing to a debt that is not always paid because the immigrants find better jobs after arriving. The 50 individuals interviewed had worked in 180 garment factories in Bolivian cities and São Paulo. “This is an opportunity to recognize that we are a part of Latin America,” says Camila Baraldi, of CPMig. In her doctorate, concluded in 2014 at USP, she argued that South American citizenship is a work in progress and “could become a citizenship founded on the paradigm of mobility.” Father Parise suggests: “We need to understand and teach the historical reasons behind migratory flows.” “Today’s world,” he says, “is made up of emigration and refuge, which are no longer circumstantial, but rather have become structural.” International migration is one of the foundations on which societies and states form, expand and reproduce, reiterates Thomas Nail, professor at the University of Denver, in a recent book entitled The figure of the migrant (Stanford University Press). “The social conditions of migration,” he observes, “are always a mixture of territorial, political, legal and economic expulsion. The four types operate at the same time, to different degrees.” The academic world has a role to fulfill in this field, offering opportunities for students and researchers to continue their careers, alerted an editorial in Nature on September 10, 2015. If not, argues the journal, we could lose an entire generation of talents from the Middle East and other regions of the world. Projects 1. Observatory of migrations in São Paulo: internal and international migrations in contemporary State of São Paulo (nº 2014/04850-1); Grant Mechanism: Thematic Project; Principal Investigator: Rosana Aparecida Baeninger (NEPO/Unicamp); Investment: R$555,279.96. 2. The governance of international migrations and its impacts on the social experience of migrants: a comparative study of national and local contexts in São Paulo, Brazil, and Buenos Aires, Argentina (nº 2014/11649-0); Grant Mechanism: Post-doctorate research grant; Principal Investigator: Eduardo Cesar Leão Marques (USP); Grant Recipient: Patrícia Tavares de Freitas; Investment: R$169,557.84. Scientific articles BAENINGER, R. Rotatividade migratória: um novo olhar para as migrações internas no Brasil. Revista Interdisciplinar da Mobilidade Humana. V. 20, No. 39, p. 77-100. 2012. FREITAS, P. T. de. Família e inserção laboral de jovens migrantes na indústria de confecção. Revista Interdisciplinar da Mobilidade Humana. V. 22, p. 231-46. 2014. Keep a welcome. Nature, V. 525, p. 157. September 10, 2015. OLIVEIRA, A.T.R. de. Os invasores: As ameaças que representam as migrações subsaariana na espanha haitiana no Brasil. Revista Interdisciplinar da Mobilidade Humana. V. 23, No. 44, p. 135-55. Jan./Jun. 2015. SILVA, S.A. Bolivianos em São Paulo: entre o sonho e a realidade. Estudos Avançados. V. 20, No. 57, p. 157-70. 2006.

matches: V. V. V. V. V. V. V. V. V. V.


text:
CONSTITUTIONAL LAW ESSAY EXAM Number 4 Issue #1 In the village California, of Pension Planet, pet owners begin confirming pieces that are inexplicable on their dogs. Analysis leads to a quasi-Christian spiritual cult, the Church of the Body of Christ (CBC). Further exploration leads the authorities to discover that the CBC has as being a practice, somewhat minimal in the faithis dogma, anything named the “draining of the pets of Jesus,” where tiny animals are given a small slice by particularly seven believers, and their blood ritually poured to the soil. This development shocks the small retirement neighborhood, which includes secretly-possessed land influenced with an organization, in which each person owns shares proportionate for the size of her or his home lot. The city, along with home tons, has two principal roads with a sheriff substation and storefronts. The paths are privately owned, but linkup for the state of Californiais highway technique at either end-of the town. An indicator at the end of every of the key roads flows ” Residents: Exclusive G roperty, Invited Visitors and the Ones on Standard Business Only.” At the next assembly of town’s Board of Directors, the Board enacts the next town ordinance: “No lowering of live animals shall be granted except in cases of insect exploitation, pets beneath the attention of a doctor, humane euthanasia, and shopping.” 1. The CBC sues. While the lawsuit is approaching, the CBC refrains from accomplishing the ritual described above, but instead, performs a mockup of the ritual, in which loaded animals are used alongside red Koolaid to simulate body.
Use the milestone to stick fun and also birthdays are handled by the approach people.
To boost the town’s understanding of their profile, the conspiracy demands a march permit to execute the mock up routine every Sunday morning for the next month. In response, townis Table enacts the ordinance that is following. “No parades in excess of five people will need position over the following 6 months, and these parades as are helped should include no props of any sorts and just the marchers.” 2. The CBC amends its lawsuit to challenge this minute ordinance. What states could the CBC make? How likely can it be that they can win? View Answer I.
I have emotionless about something in quite a long time.
CBC v. Retirement World 1. Express Action the initial problem that has to be requested is whether Pension Earth is actually a state actor at-all. Only state and its own sub- the Amendment, not events that are private binds businesses. In deciding whether an ostensibly private party is in fact acting in ways that requires adherence to constitutional requirements, the courts have discovered four types of condition action: a) personal parties accomplishing public features; b) government entangled with private events; h) legal agreement of individual action; and d) judicial administration of private action Below, the only feasible class that suits is the first one. In Marsh v. Alabama (1946) the Courtroom found a business-owned town to be always a condition actor, as it had most of the top features of a.
Today these phones are being termed “obamacare phones” while in the advertising.
The reality listed here are fairly similar to that in Marsh, except that the city is themselves owned by the citizens. Homeowners ofcourse aren’t state personalities, however there is a whole lot more reason to find express activity, when they act together to make the semblance of a city. Though shopping centers have already been located to not be state celebrities (Hudgens v. NLRB (1976)), the important points listed below are much closer to Marsh. Hence, despite the fact that their state activity doctrine’s public function prong is bound, this can be probably one predicament where it would use. Summary: Pension Globe is most likely a situation actor. 2.
She texted me back, “that is it.” from then on time, she was female coo.
Exercise Offer The question is if the first ordinance violates the Amendment’s Strict Exercise Offer. Most of the time, if your law troubles spiritual conduct only incidentally, within a generally pertinent concept of conduct, then a Free Exercise claim fails. (Employment Split v. Johnson (1990)). In Smith, for example, a generally pertinent principle that shooting from the job for drug use disqualifies one for unemployment compensation was held legitimate, even though that it burdened the religious exercise of the plaintiffs, who reviewed a hallucinogenic medicine included in a Local American religious routine. Nevertheless, government activity geared toward exercise that is religious specifically is likely to be susceptible to strict scrutiny and possibly arranged down (Cathedral of the Babalu v. Hialeah (1993)).
But try to fight with it so long as you’re able to.
Here, there’s motive to suppose that issues over the CBC’s motions, though facially neutral, inspired the statute. The energy from your law arose because of the cultis action’s discovery, and its particular exceptions claim that cutting that was very little animal will undoubtedly be prohibited except that. Note also that in protecting animals any genuine curiosity the town might have had has been taken care of an animal cruelty law that would not need been so directly directed at the CBC’s actions or by an animal theft. Note lastly that it generally does not matter perhaps the schedule is key or peripheral to the dogma of the religion. The Court has not been amenable to ask, in to the centrality of a distinct practice, in Free Workout scenarios. Finish: The ordinance that is cutting might be not constitutional. 3.
Look at the following case: when he ran the red light regulations shattered.
Free-Speech/ Time Location and Way Legislation The march ordinance seems to be a precise law masquerading like a time, below, a simple law, area, and approach constraint. Such restrictions’ very first requirement is the fact that they be not discontent -natural. Here, the ordinance is facially neutral, but since it was ratified soon after the CBC began requesting permits, and since its numerical cut off is just underneath the number of people essential for the schedule, there’s good reason to believe that it’s content-based. Hence, like a material-centered limitation on conversation in a forum that is public that is traditional – a road – the ordinance would need to fulfill rigorous scrutiny. It’s impossible that rigorous examination could satisfy. There’s no compelling reason behind the restriction, except people’ hate of the speech or their anxiety that it will result in turns, neither that is really a, let alone a compelling, reason that is legitimate for reducing speech. If for some reason a judge used that the ordinance was in-fact not discontent -natural, then a ordinance will have to be directly tailored and allow an alternative solution way of building their meaning to the speakers observed (Ward v. Rock Against Racism (1989)).
It could be a location someone, a thing, or even a concept.
The narrow tailoring need here’s never as strict as that similarly-worded qualification in equivalent security (Ward). Even so, it might be asked perhaps the speakers did actually have an alternative means of communicating, considering that the ordinance prohibits all marches of six or maybe more persons for 6 months, thus rendering it difficult for the CBC to execute the schedule because it must be done, i.e. with eight persons. Moreover, the ban on utilization of props would also produce the habit harder to do, and so pressure dialog, probably unnecessarily (since any reputable government curiosity, like a problem for protection or kitten, may be looked after by less speech limited means). An overall total ban on marches for that lengthy a period is really a substantial pressure on speech, that might fail even the lax moment, position or manner exam. Under either investigation the ordinance is most likely unconstitutional. Realization: The parade ordinance would probably be declared unconstitutional. Issue Number 1 Within the village Florida, of Pension Planet, pet-owners start confirming mystical pieces on their dogs. Study contributes to a quasi-Religious spiritual conspiracy, the Church of the Bloodstream of God (CBC).
Further analysis brings the authorities to learn that the CBC has being a ritual, fairly small while in the faith;s dogma, something named the ;leaching of the animals of God; in which small pets receive a minor cut by just seven christians, as well as their bloodstream ritually built to the terrain. This discovery bangs the tiny pension group, which consists of secretly-owned territory governed by a company, by which each citizen possesses shares symmetrical to the size of their residence lot. The town, along with has two main avenues with storefronts along with a county sheriff substation. The roads are privately-owned, but linkup to the state-of California s road process at either end of the city. An indicator by the end of every of the key roads reads ;Individual G roperty: Residents, Invited essaychecker.net/editorial-services/ Guests and Those on Established Enterprise Only.; At the next assembly of town;s Board of Directors, the Board enacts the following town ordinance: ;No lowering of live pets will probably be allowed except in hunting., pets beneath the attention of the physician and situations of pest damage 1. In reaction to the ordinance, the CBC sues. Whilst the lawsuit is pending, the CBC refrains from executing the ritual defined above, but rather, functions a mock up of that routine, in which stuffed animals are employed in addition to red Kool Aid to imitate body.
To improve & town;s awareness of their occurrence, the cult requests a celebration permit to do the mock-up ritual every Sunday evening for the month. In , the town& result; s Board enacts the ordinance that is following. ;No parades greater than five persons will need place over the following 6 months, and these parades as are permitted must contain only the marchers no props of & any types.; 2. The CBC amends its suit to challenge this ordinance that is second. What statements could the CBC create? How probable is it that they can overcome? I.
So listed here is increasing a toast to a marketing which was usually yours.
CBC v. Retirement World The initial query that’s to become questioned is whether Retirement World is really a condition actor at all. Only state and its own sub- agencies are destined by the Amendment, not exclusive parties. In determining whether a private-party that was ostensibly is certainly operating in ways that requires adherence the courts have found four categories of state activity: a) private parties doing public capabilities; n) government entangled with individual celebrations; c) legislative acceptance of exclusive motion; and d) judicial enforcement of private action Below, the only feasible category that meets is the first one. In v. Al (1946) the Court found a business-held town to be always a state actor, because it had all of the top features of a. The important points listed here are not quite dissimilar to that in Marsh, except that the occupants own the city.
Homeowners naturally are not express stars, but there is a great deal more reason to find express action when they react together to make the semblance of the city. Though malls have been identified never to be state actors (Hudgens v. NLRB (1976)), the reality listed here are significantly closer to Marsh. Hence, despite the fact that the state action doctrine’s public function prong is bound, this can be possibly one circumstance where it would apply. Summary: Pension World is probably circumstances actor. 2. Free Clause The issue is perhaps the first ordinance violates the Amendment’s Religious Exercise Term.
In most cases, if spiritual conduct merely incidentally is burdened by a statute, included in a relevant guideline of conduct, then your Free Exercise state fails. (Job Section v. Smith (1990)). In Jones, like, a suitable tip that heating from the task for drug use disqualifies one for unemployment payment was held good, despite the fact that it burdened the religious exercise of the plaintiffs, who smoked a hallucinogenic substance as part of a Local American spiritual habit. Nonetheless, government action geared toward religious workout particularly will undoubtedly be susceptible to strict scrutiny and likely hit down (Chapel of the Babalu Aye v. Hialeah (1993)). Here, there is reason to suppose that worries within & the CBC, although facially neutral, motivated the statute ;s customs. The inspiration from your statute arose due to the finding of the conspiracy s motion, and its own exceptions claim that hardly any dog lowering will soon be prohibited except that.
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Notice also that any respectable attention the city could have had in protecting creatures might have been cared for by an animal theft or an animal cruelty statute that will not have been so carefully directed at & the CBC;s measures. Note ultimately that it doesn;t matter perhaps the habit is central or peripheral towards the faith;s dogma. The Court has not been amenable to request, in Free Exercise situations, in to the centrality of the distinct habit. Conclusion: The lowering ordinance is most likely unconstitutional. 3. Free-Speech/ Way Legislation and Time Area The parade ordinance seems to be a precise law masquerading being a simple regulation, below, a period, area, and manner constraint on speech. The initial element rules that are such is the fact that they be content -simple. Below, the ordinance is facially simple, but because it was introduced just after the CBC started seeking permits, and because its exact cut-off is simply under the number of people essential for the habit, there;s good reason to trust that it’s content-based. Therefore, as an information-centered reduction on speech in a traditional public forum ; a ; the ordinance will have to satisfy rigorous examination.
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It’s unlikely that rigorous analysis could be satisfied by the statute. There is no compelling reason behind the restriction, except residents; for reducing conversation hate of the speech or their concern that it’ll result in converts, neither which is really a genuine, aside from a, reason. If for whatever reason there was held that the ordinance a judge in reality information-basic, then your ordinance would need to be directly tailored and permit an alternative solution method of producing their concept to the speakers observed (Ward v. Rock Against Racism (1989)). The narrow tailoring need listed here is much less tight as that likewise-worded need in identical protection (Ward). However, it could be expected whether the speakers did infact have an alternative way of speaking, considering that the ordinance prohibits all marches of six or more folks for half a year, thus which makes it difficult for that CBC to execute the habit because it must be conducted, i.e. with seven folks. Moreover, the bar on use of props would likewise make the habit harder to perform, and thus pressure dialog, likely unnecessarily (since any legitimate government fascination, such as a concern for security or litter, could possibly be cared for by less speech restrictive means).
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A complete ban on marches for that extended a period is just a substantial burden on dialog, which can fail manner exam, position or possibly the lenient time. Under either evaluation, then, the ordinance might be unconstitutional.

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