Official Note from the PRESIDENT of FBrN (Brazil) to the INF-FNI

From Dr. Andre Herdy

President of FBrN

Dear Sieglinde Ivo,
President of INF-FNI

I would like to officially give you a copy of the notification that I registered under Brazilian law in order to maintain rights here.

Through this notification I am trying to re-establish the legality of the FBrN that since December 2007 has been in total disagreement with the the organization's statute, and also in disagreement with Brazilian law.

The fact is that, after many lies and personal attacks against me made by people from CNCS (Colina do Sol Naturist Club); people with malicious intents; that are far from following the statutes of the FBrN and of the INF-FNI; people who do not respect others; people which discriminate against poor people; people who use physical aggression and lies to stay in power; people who deceive and steal money from unsuspecting foreigners who visit that naturist area: they found a way to put me in jail for 13 months, before I could put them them there first.

The courts overcame these lies and I’m in freedom since last January and now, after I re-started my own life, I took a look at the FBrN legal situation.

In December 2007 we had 35 entities affiliated with the FBrN, we had 9 official naturists beaches, we had 5 new groups in the process of being registered with us and we had the promise of a New Naturist Beach in the state of São Paulo, and also one city in Northeast Brazil (in the state of Rio Grande do Norte – near Tambaba) was interested in the idea of creating a Naturist district like Cap D'Agde (France) or Vera (Spain). The Mayor of this city was in advanced talks with me and was planning to officially launch this district before the Congress in 2008. His goal was to have a lot of publicity and the official presentation of this project during the INF-FNI Congress in Tambaba. This would be the first real “naturist city” in the Americas, using public streets, public places and private homes, hotels, restaurants, stores… exactly as it is in Cap D’Agde. This Mayor is also a Naturist and he knows many naturist places around the World and was willing to create this thing in Brazil.

It is also important to tell you that my Director of Sports (Ricardo Duarte) was in advanced negotiations with Petrobras (the 5th largest oil company in the world and the largest in Brazil) to have them sponsor our First Naturist Olympics Games in Brazil. Our goal was to create a way to encourage Sporting Naturist Events and also improve our life-style's image (especially we were thinking of having championships in soccer, volleyball, swimming, running, surfing and some types of gymnastics).

We were planning this as a way of having official support for doing this event every year for 5 years at least, and that the winners could participate in international events such as the INF’s Swimming Gala.

I don’t need to tell you that, after all they have done to me, all contacts were lost and all plans were postponed. Today there is no possibility of Petrobras supporting this project, the Mayor of that city also decided to make his investment in other projects and abandoned the Naturist Project in that city ... It’s impossible to quantify all that we lost. (And when I say “we” I mean all the Naturists in the World!)

But there are worse things!

The 5 groups that were being created were lost and there are no more chances to start them again - right now.

Of the 35 entities that we had in 2007, today there are only 18 etities (counting the 2 new that appears)! And I need to tell you that of these 18 entities, eight are commercial entities without affiliate members, and that 2 are just virtual web sites!

We lost groups in many states (I can say that we lost all the groups in 6 of the 27 states from Brazil), and we also lost 2 official naturist Beaches!

The Brasil Naturista website is controlling Brazilian Naturism (he has 45% of the votes in the FBrN and he is only one person!) and is giving the INF Card as a gift to anyone in the World that make an annual subscription to his site.

I know that you cannot read Portuguese, but that site is not focused on details or text about naturism, the site focuses on photos and videos of naked people.

In my opinion that site is far from real naturism because it just attracts voyeurs and exhibitionists ... Besides the fact that he is answering to 10 court cases for improper use of images (pictures and films that he made of people without permission and then sold through his site and magazine).

He also elected himself the “President of the FBrN Ethics Council” and also included in the FBrN a Travel Agency that says that it needs to sell “swing facilities” because “naturism doesn’t make a profit” (this is the newest member of the FBrN and is also among the 18 current members), and also, believe it or not, he put the owner of this Travel Agency as another member of the “Ethics Council”… By FBrN rules, the Ethics Councils has 3 members, and by doing this, he controls the Ethics of the Federation and can decide if someone can remain a member or not.

Also the Youth Group that I created here was totally destroyed. Unfortunately we lost the group and from those 800 members that we had in 2006 and 2007, now, I can say that 60 (or less) still continue as a members of another Naturist group. The reason for that is easy. They (Brasil Naturista and Colina do Sol) said that the creator of this group (me) was a pedophile and that this group (YNAI-Brasil) was for pedophile proposes… The youth are afraid of it and, of course, got away from anything that is called “naturism”… Some of them, who really know me, and know the truth, got away from the FBrN because they know the behavior of the gang that is in power. Anyway, we lost the youth!

In the attachment you can see the list of FBrN members in 2007 and now.

The FBrN headquarters are now at the (not official) President’s home, but I was also in contact with the Brazilian’s Congresses (Senate) to receive a official collaboration ($) to build a Headquarters for the FBrN (probably at the Encanto de Minas Naturist Village in the state of Minas Gerais, in the center of Brazil). We lost it!

Please, read the message below and reach your conclusions about what INF can and should do with it! 

 

If you want more information in English, you can contact Mr. Richard Pedicini, American, journalist, philosopher and member of FBrN by the email: richard.pedicini@... , or Mr. Silvio Levy, Brazilian, mathematician, living in California - USA by the email: levy@... , (he is the owner of 40% of the property of Colina do Sol) , or Ms. Barbara Anner, American, retired, also charged with me for the facts that never occurred and that is, currently, in California - USA, by the email: NUDEBARB@...

With the best Naturist Regard

Dr. Andre Herdy
The REAL President of FBrN

 

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Registered at the Notes’ Office of Bal. Camboriu City in October 1^st of 2009

In the 10^th Brazilian Naturist Congress held at Abrico’s Beach in 2006 was elected the board of FBrN of which I, Andre Ricardo Lisboa Herdy, Brazilian, Dentist, born in Rio de Janeiro in November 1972, was elected President; and as the vice President was elected Mr. Elias Alves Pereira, a Brazilian entrepreneur born in the state of Minas Gerais; and for the position of 1^st Secretary Mrs. Kelli Franca Steffens, Brazilian, self-employer, born in the state of Santa Catarina.

According to the Statutes of FBrN we have the following items:

Article 9 § 2 _ The General Assembly shall discuss only the subjects that was listed in the respective note of convocation and is not valid any resolutions done against to this article.

Article 12 _ The General Assembly can decide, on an exceptional basis and if it was a special convocation for it, about:

a) Approve amendments to this statute and to the "Ethical Standards of the Brazilian Naturism";

b) Approve nominations for Honorary Members;

c) Dismiss the President or the Vice-President;

d) Remove members of the Staff.

§ 1 _ the note of convocation shall be done by the President, by all the members of FBrN’s Council or by a third part of the voting members of the Federation;

§ 2 _ for the deliberations on the above items "b" and "d", it is necessary a minimum quorum of half part plus one of the voting members, acting on a simple majority;

§ 3 _ for the deliberations on the above items "a" and "c", it is necessary a minimum quorum of three fourths parts of the voting members that can vote by simple majority, or the half part plus one that shall vote in unanimity.

Article 14 _ The Presidency is the executive board of FBrN and is composed by the President, Vice-President, and also by any other members that the President says that is necessary. 

§ _ The President:

a) Manage the entity, to reach the FBrN’s objectives; he shall represent the FBrN, in and out of any court, personally or through a legally appointed attorney;

b) He can appoint, dismiss or suspend members of the Federation;

c) He is the only one who sign any documents on the behalf of the Federation, and, when duly authorized by the FBrN Council, can make any contracts;

d) He can do, delegate or undo acts or functions that are necessary for the performance of his duties, which are not the exclusive competence of the General Assembly or of the FBrN’s Council.

Article 15 _ the Vice-President shall replace the President when the President request it, or when is requested by the FBrN’s Council after one case of vacancy.

Article 20 _ The FBrN shall held each year a National Meeting, opened to each one that wants to be there, led by the President of the Federation or by one person designated by him, at which can be lectures and debates promoting and defending the true naturist philosophy.

Knowing that on December, 11 of 2007 the supposed General Assembly was not invited  in accordance with the Brazilian’s Law that say that any note of Convocation shall be done 30 days before; knowing that in that supposed General Assembly were not physically present 30% of the members of the FBrN; it’s became NULL such meeting;

Considering that all resolutions of the following meetings were also invited in an irregular bases and held throw the Internet in a virtual way (which is not provided in our Statutes) all those meetings also become null in theirs effects;

Considering that the minutes where I was supposedly removed from the presidency (when a problem occurs that created one impossibility to me to use my Authority) was not recorded at the official FBrN’s Notes Office, it’s makes this minutes null and without effect; I am the President of FBrN by the fact and by the law, and as I didn’t send a note of Convocation for one Election therefore the event held at Mirante do Paraiso in March of 2009 can not be considered official and by that this self-called FBrN’s Board is NULL and illegal;

Taking also into a consideration that the event in March of 2009 was done in contradiction to the Article 20 of our statutes; it was held behind closed doors preventing some interested people to be present, was not directed by the President of the Federation and not by the person designated by him to direct it, that event becomes NULL.

By this notification I announce that any activities made by the FBrN, any vote done in it, or by it, any sign gave as of the FBrN, and any decision made since December 11, 2007 is not validated, all the documents have no legal value, no election have public acceptance and also any activity scheduled for the next few days will have legal validity because was not schedule by the President of FBrN or informed by the legal Secretary of FBrN.

As the first act, of an urgent matter, I declare suspend, as an emergency, all the INF’s Cards (Naturist Passports) distributed by the Brasil Naturista and by Colina do Sol, its also unavailable the votes of such entities until a final decision of the new FBrN’s Council that will be created after a new election that will be invited by me in the official way. This decision was done in accordance with the subsection B of the article 6 and with the subsections B, D, E and F of the Article 7 of our Statutes. This decision is not an exclusion (they are not removed from the FBrN), this is only a suspension in an emergency and will be give all the rights to debate it and to defend of the suspended members when we will talk about this in the new General Assembly that I’ll be inviting.

It’s canceled, the General Assembly scheduled for the beach of Tambaba in the next October, 2nd and following days and I’m inviting a General Assembly to be held at the FBrN’s Headquarters in Praia do Pinho at Bal Camboriu, at 10:00 AM of November 15, 2009 in the first call or in one second and last call at 10:30 with any number of members for new elections and deliberations on the following topics:

1) General Election for the FBrN: Positions of President, Vice-President, FBrN’s Council and for the Board of Ethics.

2) Official certification that the new elected Presidency, new elected Council, Staff and new elected Board of Ethics will now is the new direction of the FBrN;

3) After the General Election and Certification of the new board, it will be submitted to the New Presidency, to the New FBrN’s Council and to the New Board of Ethics all the arguments against and in the defense on the two entities that are suspended from the FBrN – Brasil Naturista e Colina do Sol. When will be defined by the FBrN’s Council, hearing the opinion of the New Board of Ethics, under the provisions of the Art 13 § 4 subsection G the final and definitive exclusion of those two entities.

I’m giving 10 days from today to anyone present themselves as a candidate for the election, with the fact of not being accepted applications or indications made by or for the names from the suspended entities of FBrN. In 10 days will be presented all the showed candidates and will be no other possibility of new names be submitted after that day.

No more for this moment,

With the Best Naturist Regard

Dr. Andre Herdy

President of FBrN