New Order of Human Rights in Brazil — 0 ADPF Primeira
New Order of Human Rights in Brazil — 0 ADPF Primeira
(Claim of Breach of Fundamental Precept: The Physiological Belonging of the Human Being and the Right to the Apus)
1. Preamble — The Birth of a New Order
Every civilization reorganizes itself when it discovers that its concept of “human” was incomplete.
The New Order of Human Rights is born when we understand that the human being is, above all, a conscious body — a neurophysiological system that feels, thinks, and creates within material and symbolic environments that modulate its consciousness.
The old legal conception of human rights was based on moral and rational ideals.
But the twenty-first century has revealed that dignity cannot exist without biology:
a body without rest, food, space for fruition, belonging, and metabolic autonomy cannot think freely nor exercise citizenship.
The ADPF 0 — Primeira proposes that Brazil recognize this new foundation:
the right to physiological belonging — a precept prior to all others, as it precedes even thought itself.
It is the right to remain alive in body, consciousness, and environment.
2. Foundations — Consciousness as the Supreme Legal Good
The human brain, by integrating interoception and proprioception, produces what Antonio Damasio called the sense of self.
This mental hyperspace, here called the Damasian Mind, is the locus where the individual perceives themselves as being.
It is metabolically sustained: without energy, oxygen, safety, and affection, there is no critical thought nor genuine freedom.
Thus, human dignity — the basis of the 1988 Constitution — must be reinterpreted as physiological dignity.
To violate the body, hijack attention, deny rest, or destroy the environment are all forms of breaching the fundamental precept of consciousness.
This reading shifts the focus from the abstract protection of the “person” to the concrete protection of the Damasian Mind that inhabits every citizen.
Guaranteeing this space is the central role of a democratic, secular, and scientific State.
3. Vocabulary of the ADPF Primeira
Damasian Mind — The mental hyperspace where consciousness refers to itself as a felt presence (interoception + proprioception).
Tensional Self (Eu Tensional) — The active form of consciousness in the present moment, sustained by metabolic energy.
Apus — Extended Proprioception; the lived territory where the body feels itself being (home, school, square, cell, social network, dream).
Politics of the Apus — The State’s responsibility to design and regulate environments that promote tensional health, creativity, and emotional security.
DREX Citizen (DREX Cidadão) — A public digital currency (retail CBDC) born in the citizen, ensuring daily economic metabolism and personal sovereignty.
These terms form the scientific and philosophical basis of the ADPF Primeira — a new juridical paradigm for protecting the conscious body.
4. The Fundamental Precept: The Right to the Apus
Just as the State recognizes the right to life, liberty, and housing, it must recognize the Right to the Apus — the right to inhabit an environment that does not destroy consciousness.
The Apus is the physical and symbolic field that gives shape to the experience of being.
Without Apus, the individual collapses into tensional disarray and becomes hostage to external ideologies or compulsions — what is here termed Zone 3, a state of physiological and emotional captivity.
The Constitution must evolve to include this principle:
“It is the duty of the State to guarantee environmental, social, and digital conditions that ensure the citizen’s right to inhabit their own consciousness with physiological safety and expressive freedom.”
This includes light, silence, privacy, nature, spaces for retreat, and respect for the bodily and cultural marks that anchor identity.
The Right to the Apus constitutes the basic sanitation of the soul (Pei Utupe):
the minimal infrastructure that prevents the collapse of the incarnate spirit, where memory and emotion connect to sustain the Damasian Mind and the self-reference of being.
5. The DREX Citizen — Money Born in the Social Body
In the current economy, money is born as debt — issued by banks and distributed unequally, concentrating power and weakening democracy.
The DREX Citizen reverses this logic: money is born in the citizen, as the vital energy of belonging.
It is a retail CBDC with zero interest, transferred directly to citizens as sovereign yield, not as assistance.
The DREX Citizen is the financial oxygen of the social body — the vital flow that connects State sovereignty to the concrete life of its owners: the citizens.
It does not transform basic income into a constitutional right; it reveals the constitutional right to receive State yield by virtue of national co-ownership.
This yield arises from the principle that the citizen is an organic, indivisible part of the State, and that economic value must pulse from life, not from debt.
Instead of guaranteeing “minimum survival,” the DREX Citizen establishes a new metric of belonging:
each citizen is a shareholder of the nation and participates daily in the public yield proportional to the vitality of the territory — human, ecological, and productive.
Thus, the DREX Citizen is country-yield, not basic income; it is the economic heartbeat of living sovereignty.
When money is born from life rather than debt, the economy becomes organic, and sovereignty ceases to be rhetoric.
6. Public Policies Derived from the Right to the Apus
6.1 Housing
Housing is not merely shelter but a field of consciousness.
It must provide natural light, acoustic isolation, space for retreat, and contact with the native biome.
This prevents anxiety, violence, and cognitive collapse — problems now treated as “social,” though they are essentially physiological.
6.2 Education
The school must be recognized as an Apus that forms consciousness.
It must allow multiple bodily arrangements, moments of fruition (Zone 2), and aesthetic freedom.
DANA Education — based on DNA Intelligence — should teach bodily perception, rhythm, focus, and emotional regulation.
Without interoceptive literacy, there is no autonomous citizenship.
6.3 Work
Work environments must respect the Healthy Labor Apus.
Lighting, breaks, noise control, aesthetic freedom, and algorithmic transparency are requirements of dignity.
Every worker has the right to know the bodily data collected (voice, heartbeat, posture, mood).
Data is body; its improper appropriation is a violation of biological sovereignty.
6.4 Leisure and Public Space
Squares, festivals, circles, and dances are instruments of collective regulation.
They reduce tensional isolation and strengthen Human Quorum Sensing — the sense of belonging that stabilizes society.
Leisure is preventive public-security policy.
6.5 Digital Space
The virtual environment is now a global emotional Apus.
Platforms manipulate dopamine, fear, and anger — controlling the citizen’s Tensional Self.
The ADPF Primeira demands:
Affectation Report: the user must know which emotions are being induced.
Zone 2 Mode: a neutral interface, without dopaminergic triggers, for study and mental rest.
Child Protection: those under 14 must not have their nervous systems hijacked by engagement algorithms.
6.6 Detention Centers
Punitive imprisonment destroys Apus and perpetuates violence.
The detention center must become a space for tensional reconfiguration:
manual work, nature, breathing, rhythm, and social mediation restore the sense of belonging.
To resocialize is to restore physiology, not impose morality.
7. Ecological Dimension — Money Pulsing with the Earth
If the DREX Citizen becomes the sole instrument of new money creation, the economy will begin to obey the biological and ecological laws of life.
New money will cease to be a product of debt and speculation, becoming instead a direct result of the planet’s vitality and of human belonging to territory.
The sovereign yield issued by the State — the DREX Citizen — will be complemented by a new form of monetary issuance: Citizen Carbon Credits, backed by preserved biomes and regenerated lands.
These credits will be granted exclusively to natural persons, with individual caps preventing speculative accumulation or financial concentration.
Their purpose is not to create a new green elite, but to recognize the daily effort of those who keep the ecological foundation of the country alive.
When a citizen owns or cares for environmental reserves, native biomes, or regenerated areas, the carbon credit will be granted as environmental sovereignty income, also serving as an ecological ownership certificate.
This certificate may be sold or transferred only to other citizens residing in the same biome, preserving community autonomy and preventing the purchase of territories by external agents, speculative funds, or corporations not belonging to that Apus.
No one outside an Apus may benefit from the carbon credits generated within it.
Ecological value is inseparable from lived belonging; the carbon retained in a biome belongs to the community that inhabits and protects it.
Thus, the monetary system becomes territorial and ethical:
New money enters the economy only when life is preserved.
Monetary creation becomes a direct function of planetary metabolism.
Ecological sovereignty becomes personal, non-transferable, and locally anchored.
Each municipality and biome functions for the benefit of its local citizens.
8. The Secular State and DANA Spirituality
The secular State is the guardian of free spirituality — not its denial.
Faith, in this context, is understood as a neurobiological force of action:
the energy that sustains the creative Tensional Self.
The State must guarantee spaces where natural faith (DANA — DNA Intelligence) can exist without religious imposition, dogma, or spiritual market.
To protect spirituality is to protect the human capacity to create meaning — and meaning is the highest product of consciousness.
9. Conclusion — ADPF Primeira: Belonging as a Constitutional Clause
The ADPF Primeira is not merely a legal instrument; it is a civilizational milestone.
It argues that Brazil, by allowing environments and economies that destroy consciousness, violates the fundamental precept of human dignity.
It proposes a new metric for all public policies:
“Every State action must be evaluated not only by cost and efficiency,
but by its impact on the citizen’s capacity to inhabit their own consciousness
without continuous physiological, economic, or ideological coercion.”
When the Right to the Apus and the DREX Citizen are recognized as constitutional pillars,
we will have founded the New Order of Human Rights — a metabolic democracy,
where the body is territory, the territory is biome, the biome is currency, and currency is life.
The ADPF Primeira is the State remembering its original function: to protect the living consciousness that sustains it.