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ESG to improve the world or interfere with national sovereignty?


In 1924, the eminent Brazilian civilist Pontes de Miranda, in a survey carried out together with educators, historians and sociologists for the Brazil Yearbookunder the heading Margin of the Republic’s Historydenounced one of the origins of our ills: the so-Brazilian addiction to “copying foreigners” in laws and institutions – a fetish of adhering to abstract legislation and systems of law, alien to our culture and, above all, to our sovereignty.

Since then, the situation has become even more dramatic. We have even lost the sweet hypocrisy and cynicism of copying international legal systems with slight alterations. We directly adopt international cooperation agreements – or even treaties and policies determined by UN commissions – as a direct source of geopolitical commitments, without being able to be changed by the Legislature, or adapted to national strategies in the face of the world. We silently approved the international legal take it or leave it.

Unfortunately, non-adherence to international determinations, in flagrant abuse of the use of transnational legislation, does not come without penalties. There are restrictions such as no access to credit, or even the possible loss of strategic markets for the country and even access to new technologies, thus reflecting a regulatory imposition with dramatic sanctions on international trade in case of non-adherence to this new type of contract. of accession created by the countries that command the UN.

It is unreasonable for a distant and obscure body to impose additional tariffs on a Brazilian who wants to eat a hamburger or visit his mother by plane, as he is influencing the increase in carbon in the world.

The undisputed fact is that the UN took the current role over the State, in flagrant abuse of its authority and legitimacy. Considering its objectives and foundations, the UN became a doctrinal, bureaucratic and legal superstructure with an ethnic and geographic base alien to Brazilian interests, culture and formation.

The ESG seal (Environmental, Social and Governance), in this sense, is the newest form of translation and usurpation of sovereignty invented by an illegitimately supranational body, which violates not only individual and economic rights, but also jeopardizes national security.

This seal seeks to determine a series of practices and laws that must be followed in order to preserve or achieve environmental sustainability goals, imposing ways to achieve them, including determining the future eating behavior of individuals.

It is unreasonable for a distant and obscure body to impose additional tariffs on a Brazilian who wants to eat a hamburger or visit his mother by plane, as he is influencing the increase in carbon in the world. We are talking about a foreign restriction of fundamental rights guaranteed in the Constitution.

If carried out, the ESG, the newest international adhesion contract, would inaugurate the submission of the natural rights of the individual and companies to an abstract collectivism, that is, the legal determination of their acts depending on an offense to a legal asset. international abstract – the impact on carbon emissions. And it should be noted that the criteria for measurement, verification, penalties and other coercive methods related to carbon emissions are submitted to a supranational body where Brazil has negligible representation, despite being an environmental and agricultural power.

It would also be an instrument of social subversion, no longer choosing which countries can or cannot trade internationally, but which groups within countries can have access to markets and capital. It also acts as an instrument of social division and increasing inequality, creating a transnational market regulator that could choose which companies would or would not continue in the market, depending on their ability to adhere to and comply with international requirements.

It is the corruption of law by law, or the use of legality vitiated by illegitimacy to subvert the Constitution and the legal-formal order, the creation of an abstract ideology that submits all fundamental rights to world collectivism. In other words, ESGism.

We also know that, within the scope of international relations, the security of a country can only result from foreign policies firmly directed towards national objectives, being a situation of guarantee and existing independence that allows the achievement of permanent objectives of the nation and individuals, maintaining social cohesion.

The ESG seal subverts this criterion, invading private life, economic and strategic development decisions in our territory. It is the indirect creation through economic forces of an abstract good, superior to any fundamental or sovereign right of the country.

ESG is a top-down revolution, the newest effect of the evil that befalls us.

Arthur Machado is a professor and entrepreneur in the field of education and founder of Associação Semeadora.

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