COLLECTIVE PROPERTY

SHARED OWNERSHIP

The PROPERTY COLLECTIVE PRODUCTIVE self-financed, self-sustaining and self-managed. In its classic formulation (MUTUAL), with the share of ownership in common and individually. This is our way to INTEGRAL COOPERATIVE where income generation, integrated housing to work and rebuilding (s) subject (s) or be (the Cure) are integrated. Here's preciput service (principal) of our mutual association: the first Mutuality formalized in Brazil.

MUTUALITY PROPERTY AND COLLECTIVE PRODUCTIVE

SOLIDARITY ECONOMY

There is talk of Solidarity Economy as an alternative to economic relations guided by capitalist logic founded in interest rates, wages and rents. However, few realize that the only viable economy, fair and sustainable from an ecological point of view is exactly the one that can give these master categories of political economy, which is itself the ultimate expression of the transfer of production factors. Rent = alienation of natural resources (land, water and energy) = pollution. Salary = commodification of labor = human degeneracy. Interest = credit = inflation commodification.

If the Solidarity Economy avoids interest, wages and rents, applying them only in exceptional cases when they are paid by individuals for legal persons which own paying rent of belonging, and thus the rents paid also benefit; it can be said that the solidarity economy is nothing more than the old mutualism: spontaneous recipe for just peaceful settlement of economic issues that is lost in the mists of time and that originally composed the triple program of the socialist movement: mutualism ECONOMIC - Federalism POLITICIAN - Pluralism IDEOLOGICAL; before perversion that turned to its opposite: the state dirigiste planning and the democratic centralism of the single party of the revolutionary vanguard that imposes the dictatorship of the proletariat.

The fight against commodification of land, labor and credit is not given only by moral issue. Although comezinha to current times, the sale of production factors is not feasible in every way, greatly in economic if taken long term. Few are aware of the arbitrariness committed by the modern state for the creation of the credit markets, real estate and labor. Some even know that the private ownership of land was established in Brazil only in 1850, Russia in 1861 and France in 1789, and that the labor market was opened in Brazil between 1808 and 1888, but almost no one understands what Karl Polanyi demonstrated in his book the Great Transformation (1944): the sale of production factors with the commodification of land, labor and credit (fake goods) leads the general perversion of the markets, since to be fictitious commodities these resources natural alienated (rents), these alienated human resources (salaries) and these alienated funds (interest) tend to higher values ​​relative to real goods (detachable goods and services the production process). Thus generating, despite the general rise in prices, a steady flattening of the value of real goods, which is an impossible equation under the capitalist mode of production. This is harmful, relentless and almost unnoticed VALUE LESS LAW exposed by Pierre-Joseph Proudhon in his Philosophy of Poverty (1844), which generated the controversy with the book The Poverty of Karl of Philosophy Marx and the 1848 Manifesto of the frame anathematizing the followers of Proudhon. For sinister reasons, the general lowering of the value of real goods on the basis of three false overvalued goods (cancer) paid in the prices of rents, wages and interest was superbly ignored by those interested in political economy / capitalism and the Marxist critique of Political economy / socialism, precisely because Mutualismo demolishes both one and the other. Given the VALUE LESS increasingly employers need to extract more surplus value less employed people, because the value of commodities tends to zero, which is impossible under capitalism, generating the worst of all worlds in the insistence on keeping the regime alienation.

The trend to zero is the civilizational trajectory for the consolidation of values, towards universal gratuity negotiated between individual and collective will of people in markets free of any agents. value of such consolidation (amortization = dead to the market) takes place after the creation of value (valuation objective transpersonal). In Marx's dialectics there is only room for thesis and antithesis, that is, to use-value and exchange; in Proudhon's dialectics we have a Quaternary series: use value, exchange, free value consisting of subjective arbitrariness and consolidated or amortized value (gratuity).

AN EMERGING MODEL

It is clear the anachronism of positive law in several respects. One is the persistence in Brazil of the ban in the Law of condominiums productive collective ownership, that is, condominiums, while collectives holders of co-ownership, exercise acts of trade. The bourgeoisie, triumphant since the French Revolution, had a policy of disregard and even the annihilation of legal persons as production units and even subjects of rights, such as municipalities, guilds, and even seen in the early twentieth century firms collective being replaced by anonymous or limited liability companies. So in front of this cool anachronism there is no way to restore a single step the productive collective farm in Brazil. However, there is a demand for middle class people and urban habits, eager to be associated to a community life in the countryside. Faced with the practical difficulties imposed on the productive co-ownership by the individualistic bias of law thrive with great difficulty, as well as perishing alternative communal living communities of religious or ideological nature, or articulate solutions built outside the law, based on trust between the contractors ( contracts 'drawer' of irregular transfer of ownership) that often originate misunderstandings when contractors succession.

Although evolve legislation, such as the reduction of formalities for the establishment of a cooperative, as happened in Law 12,690 / 2012, one has to understand that a cooperative agricultural production that sympathizes only one of the dimensions of community life (production ) would not be a sufficient solution when thinking about solidarity (join) individual savings variables in a social fund that will increase a gain collective in supporting the community. Our proposal is similar to informal means solution, yet cool, the current emergence of COOPERATIVA INTEGRAL in Spain, which are in practice to restore the commune there.

PROPOSAL SUMMARY

We propose the creation of two distinct communities with a single statutory purpose and contract signed by both two communities with almost identity components and legally constituted States, an MUTUALITY ASSOCIATION with the main purpose of managing closed-end funds of associated investors (savers) with specific and exclusive purpose of financing through mUTUAL determined solidary development and pRODUCTION COPERATIVA self-financed, self-sustaining and self-managed, to be funded by their respective this solidarity fund. The purpose of each solidarity fund would pool resources (individual savings, voluntary and variable) that statutorily would be fully used in the capitalization of the chosen collective ownership and predetermined (purchase and equipping), which, through the purchase and sale agreement, would be placed in the cooperative ownership, the ownership of which would hand in undivided only to cable the loan is returned to the reimbursement of resources made available by the mutuality fund, which would result in the extinction of the legal person that fund or closed investment club. At first the cooperative would have capital in addition to its quota part constituted by its members, only your cash flow increased by the provision of resources provided by the fund could not invest in anything other than on the ground and communal improvements. At the end of the contractual arrangements entered into between the two communities, after several years of mutual compensation of a few years of grace period, the cooperative would own everything and the background extinction would. It is wise, and also recommended by our mutuality association that the very comprehensive cooperative available in its status that shall be extinguished as soon as he receives in his name the title of land ownership of the funding mutual therefore their extinction as a legal person nothing will change production and living relationships, forcing, in turn, the state to recognize the reality and legality of COMUNA rESTORED while REGULATORY fACT imposing to the recognition of positive law.

INTEREST-FREE

By adopting statutory and contractual (between a community and another), a reference value made freely agreed between the lenders, that giving credit to make lenders and accepted by members, which, by accessing the credit, constitute debtors, our proposal allows the update of the value of reimbursements paid by the cooperative investment club mutual WITHOUT INTEREST IMPLICATIONS or any other governmental mechanism, especially fictitious monetary correction. In this case, because it is mutual, not be applied interest, which would remove the business, and, moreover, the largest and desired benefit received by the lender is entitled to indulge themselves as cooperative capital gain collective nurtured by the junction of savings individual. We will adopt a value so constituted as is the CUB (basic unit cost of construction for the building of an area square meter of built under the minimum legal requirements and middle trim level) Freeing contractors in payment real estate market interest. However, our URV (Reference Unit Value) is a universal value and not specific to certain categorical or field of activity. Indeed, so universal that is immune to currency crises because it is a value made equal in every street of Planet Earth.

Thus, our proposal allows pooling of individual resources variables that someone mutue R $ 500 thousand, another 50 thousand or even just 5mil, and all have equal rights and duties, both as cooperative, and as a lender because the remain difference in value get back in official currency, corresponding to the amount invested in the equity constituted chosen value (indexed to the URV). There will be a right of withdrawal from the fund, or even the possibility of group expulsion, whether the investors club (bottom) or the cooperative. However, this withdrawal right is not absolute, but conditioned to the previously agreed terms. The migrant worker has no right to demand the prompt return of what mutuou. You can withdraw and wait for the return in the contracted schedule, or you can sell your participation in the fund to another person as long as accepted by the group.

COLLECTIVE FUND

It is double the advantage in participating as an investor in the fund. Does not aim to make money, because there is no interest there is no way to make monetary profit. But being self-management of their own wealth (via association as associate) is the safest haven in times of high financial system collapse risks based on banks, and, in addition, the investor, regardless of the amount invested and accepts grupalmente deep (always by collective deliberation), will have the privilege of receiving the cooperative self-financed one EXCLUSIVE LOT perpetual POSSESSION, inalienable in the sense that can be transferred only (sold or rented) for those who are admitted to the legal person (cooperative) and transferable to a designated heir since that is also accepted by the community. Obviously, the fact that all land to be released in the market have a limited area, will always be limited lots of possession to be distributed among the investors of each fund.

Each fund, as a collective, will be sovereign to decide their URV, their deadlines, financial goals and standards. And sovereign will become yoked cooperative (linked in spontaneous servitude = contract) to their respective solidarity fund. As manager of the solidarity fund, which will operate under its legal personality (CNPJ), the operating costs of the fund are the legal responsibility of the mutual association. For reasons of equity, basic rule of mutual, we recommend that the association only institute fund provisions in its constitutive act (collective contract of association membership with the associated investors) the very source of funds for their operating costs. We recommend the fund as solidarity group, receive any amounts in contributions lenders (investors) accepted by the group. However, the Fund Inception contract provides for the right to an exclusive batch of ownership (or more than one lot, at the discretion of each fund) only for investors who contribute a minimum amount, which would be retained in the amount due to return the loan, thus serving as its own source of funds to cover fund operating costs. For example, with a minimum contribution of R$ 10mil, who invest R$ 100 thousand in the bottom of self-financing of certain cooperative will receive a lot of possession in the cooperative plus the return of R$ 90 mil updated according to the URV chosen, who contribute in this fund R$ 20 thousand receive a lot of possession and return of R$ 10mil.

RESTORE THE COMMUNE

Despite the name: RESTORE THE COMMUNE, our project has nothing of communism. It is mutualism guided by an ancient and universal tradition of the common property and shared ownership, partly common and partially individual. Each cooperative investor has the right to receive a lot of individual perpetual possession, inalienable and transferable to a successor; and also, always in the best interest of the commune, temporary coop members that are not lenders will be accepted, and will receive the coop equal remains, without any right, however, to receive a lot ownership because of its impracticality. At first, the well-capitalized cooperative (incremented shares) should attract sporadic worker/members but in the end of the demanding period, when the remains become scarcer causing the natural thinning down process of these sporadic members. It will remain, however, all the cooperative investors to generate the revenue needed for the repayment of themselves as owner/lender.

The lender will then have four regular sources of income:

a) equal compensation for the hours worked to the cooperative, in accordance with Law 12,690 / 2012 (value of time not less than the minimum hourly wage), b) any annual share of the cooperative remains as hours worked to the collective, c) the repayment, by the association, of the loan d) the production of their particular activities in their lot of possession. The cooperative member who is not a owner/lender, only two: the equal compensation for the hours worked to the cooperative and the eventual sharing of the cooperative remains.

RESTORE THE COMMUNE RESISTING THE STATE WITHOUT any affront to its legislation. At first the mutuality fund and the cooperative, distinct collective entities formed by almost the identity of the people. At the end, the fund is extinguished with the return of the exchanged agreements and the cooperative legal entity is transformed into a commune, complex legal person, that the state will recognize in their right of a collective productive property. The property, by being communal, will be amortized, completely closed to the real estate market, impassive of sale or division.

Now that we individually bought the first land to be freed from the real estate market, it constitutes the Brazilian integral cooperative, we will call for the foundation of the mutual association that will manage the solidarity fund for the self-financing of this land. Unlike other countries, Brazil does not have a legal definition of mutuality, and that our association will be in practice, the first Mutuality formalized in Brazil, I believe that we should not use the Mutuality name, but mutual association, not-for-profit civil association, to provide mutual aid services restricted to their own members.

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Mutual Association Common Ground 


After purchased the first land to be freed from the real estate market to it constitute the Brazilian integral cooperative, now we have also established a mutual association that will manage the solidary fund of self-financing of this land, the Mutual Association Common Ground (Associação Mutual Terra Comum - AMTC), a nonprofit civil association to provide mutual aid services restricted to their members .

Click here to access the bylaws of association (in portuguese*) and know more.

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We are here to add interest in the restoration of productive collective ownership (ecovillage or commune), which, in addition to self-sustaining, is also self-managed and self-financed. Therefore, we need an unprecedented legal institution the formal level in Brazil: MUTUALITY or mutual association. Through which various individual savings together to the formation of two distinct communities, the solidarity fund of mutuality and related work cooperatively to this fund. Since, at the end of the process, the first is extinguished with the return of mutual (individual savings) and the second can turn into authentic commune, the legality of which will be recognized by the state, or can continue with the legal status of owner cooperative the means of production.

Our proposal emerged from the rescue undertaken by Ivan KURTZ of legal pluralism School of Social Law which was consolidated by wise Georges Gurvitch in 1931, in which the mutualism ECONOMIC exercises a decisive influence. It is this theory of social law, which transcends the legal reductionism only to private law and public law, which permeates the entire project and was called / calling this original project started in 2012 in SOCIAL NETWORK.

In 2014 it was added to the project Enrique GIAMBIAGGI, planetary citizen born in Uruguay, with experience towards a Union Mutuality Argentine Obrera, which lent numerous mutual aid services to its members, and as bio and eco builder in various ecovillage or alternative communities of Europe, particularly the Iberian peninsula. GIAMBIAGGI adds to design its proposed FARMS HEALTHIER, as the spiritual heart of the whole cooperatives we aim to sow / self-financing, since the cooperative, municipality or ecovillage would be incomplete should aim only to generate income and a healthy housing without the people involved did not have in view also the therapy of Healing, involving all beings from animals to humans, a ransom for their connections with the Integral Being or Nature.

This year 2016 has been individually purchased one EARTH FIRST for it to settle the Brazilian full cooperative. Therefore, we need the formalization of MUTUAL ASSOCIATION-profit organization that will be the manager of SOLIDARITY FUND . This fund will receive ownership of the land, as well as other monetary amounts or not, to the self-financing of the cooperative. Hopefully, our association has an effective nationwide to promote the creation of communes, ecovillages or integral cooperatives throughout Brazil, and can provide otherHELP SERVICES MUTUAL our associates.

It, as an integral cooperative in our FIRST EARTH, and while not formalizes our mutual association, our temporary headquarters is our residence the street Carlos Hafermann, 55, apt 602, CEP 89251-730, Center of Jaragua do Sul - SC - Brazil

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