MACHADO, Daniel Dias 
MACHADO, Daniel Dias. Et al. Cesare Lombroso’s theory and its influence on society. Revista Científica Multidisciplinar Núcleo do Conhecimento. Year 06, Ed. 01, Vol. 07, pp. 57-73. January 2021. ISSN: 2448-0959, Access link: https://www.nucleodoconhecimento.com.br/law/influence-on-society
This article aims to analyze the theories of physician and criminologist Cesare Lombroso and link its influence to racist practices that occurred on a large scale in Brazil, in order to improve education, politics and the economic field. The methods used in this work will be bibliographic and registration, seeking to highlight the ideas of experts in the field of criminology and discrimination of ethnic minorities in Brazil. In the main conclusion, it is necessary to formulate deep policies of equal rights action to solve the problems caused by historical processes and well-planned theories of eugenics and racism.
Keywords: Criminology, historical processes, action policies.
In 1876, Cesare Lombroso, a criminologist and physician, published his most notorious book “O Homem Delinquente”. In this article, the author focuses on his research on the identification of criminals and criminals through genetic and physical aspects (including the use of established standards). This work was also very welcome and persisted among positivist scholars who followed the phenomenon of criminology in the 19th century. However, throughout the 20th and 21st centuries, this research proved insufficient to determine which people are criminal and may not be criminal, which have largely lost their scientific validity.
However, the prejudices and stereotypes of this theory have not yet reached the same state of scarcity, but still present obvious characteristics in the common sense of the Brazilian population, causing discrimination against minorities and showing that Brazilian ethnic democracy is far from being realized, that is, veiled racism if widely spread.
In view of these facts, this study aims to analyze the theories of physician and criminologist Cesar Lombroso and link their impact to large-scale racist practices that occurred in The Brazilian territory, thus, in education, politics and economics. The domain has an impact. The methods used in this work will be bibliographic and registration, seeking to highlight the ideas of experts in the field of criminology and discrimination of ethnic minorities in Brazil.
2. BIOGRAPHY OF CESARE LOMBROSO
Cesare Lombroso was born in Verona in 1835 and is famous for Romeo and Juliet. He wanted to study medicine and studied at the University of Pavia and graduated in 1858 at the age of 23. Professionally, he is a physician and philosopher (AFONSO, 2014).
When he was a doctor specializing in psychiatry, he immediately began practicing medicine. When he was appointed head of the shelter in the city of Pesaro, he began to establish contact with mental patients and devoted most of his study and life to them. When he associates dementia with crime, his psychiatric experience is important. His experience in this field laid the groundwork for the creation of “Genius and Madness“, published in 1870 (BITENCOURT, 2011).
Soon, he also became a doctor in turin prison and other cities. He was appointed as a military doctor, which proved his intellectual connection to criminals and soldiers, especially sailors. Sailors participated in most of their research, and at the age of 30 takes up the chair at the Faculty of Medicine of Turin, which he left only at the end of his life (CARVALHO, 2010).
- 1874 -Genius and madness
- 1876 -The delinquent man
- 1891 -The offence
- 1891 – Antisemitism and modern sciences
- 1893 – The delinquent woman, the prostitute and the normal woman
- 1893 – The latest discoveries and applications of psychiatry and criminal anthropology
- 1894 – The anarchists
- 1894 – Crime, causes and remedies
3. THE THEORY OF THE CRIMINAL NATO AND ITS MAIN CHARACTERISTICS
Classical criminology scholars have also pointed out that the social interests of some people at the expense of others promote criminal behavior, and these behaviors should be calculated on average among the population of a region, distribution. The main name of the Public School, Marquês, highlighted in his main book “Dos Delitos e Das Penas” that it is necessary to combat the ambiguity of the law, because they are full of technical terms that are only consistent with lawyers. Therefore, it must be written in a common language so that all citizens can understand it. In addition, Demiranda also strongly criticized, sentenced and imprisoned inminmane (DEMIRANDA, 2015).
The positivist criminal school broke all the assumptions and claims of the classical school and was heavily influenced by evolutionists Charles Darwin and Herbert Spencer and positivist Augusto Conte. In turn, due to social, natural and biological factors, this school considers crime a natural phenomenon. Thus, positivist thinkers deny that rational people can exercise free will. As the classics claim, they believe that criminals will be exposed to force, without knowing the reasons for themselves. Such reasons can be psychological, physical and psychological (VIEIRA, 2008).
The main name of the positivist school is Cesare Lombroso, psychiatrist, surgeon and hygienist responsible for the establishment of criminal anthropology. Mota described Lombroso’s vision:
Lombroso understood the crime as a real fact, which permeates all historical epochs, natural and not as a fictitious legal abstraction. As a natural phenomenon that is, crime has to be studied primarily in its etiology, that is, the identification of its causes as a phenomenon, so as to be able to fight it in its own root, effectively, with realistic and scientific prevention programs (MOTA, 2007).
During the production of the work, approximately 25,000 prisoners were analyzed in Europe and more than 400 autopsy results. After analysis, Lombroso concluded that if a person has several physical characteristics, such as skull asymmetry, forehead escape, winged ears, bony protrusion, smaller skull, significant superciliary arch, maxillary protrusion Broad face, abnormal sexual organs, rich hair, high body, very long arms, large hands, insensitivity, pain relief, mania (priority to left hand use), compromised limbs (not accustomed to using the hand), and vulnerability are the ability of individuals to recover quickly from physical trauma. For women with criminal potential, this is attributed to characteristics related to masculinity, such as thick vocal cords, excess body hair, and warts. In addition, in relation to the psychological characteristics of born criminals, there will be moral numbness, impulsiveness, vanity, laziness, cynicism, unpredictability, tendencies to tattoo and naivety (SILVA, 2010).
Lombroso also believes that criminals are hereditary incentives, which are transmitted from generation to generation in a genetic way and therefore believe in the existence of “criminal genes”. Maurício Mota pointed out that, according to Lombroso, the useless behavior of the crime will be an evolutionary return, a series of “stigma” will prove the rude behavior of the aggressor (the product of the return, not the evolution of species). According to him, criminals suffered a series of degradation, behavioral, psychological and social stigma (SANTOS, 2014).
In explaining the concept of useless crime, Charles Darwin published the book Origin of Species in 1859, showing its “evolutionary nature” through natural selection. According to this theory, organisms transmit to their children the characteristics that are likely to allow the species to survive. Therefore, species variation can be explained little by little from one generation to the next (SANTORO FILHO, 2015).
In addition to Cesare Lombroso, we can also mention other reference names of the positivist school of criminology, such as Enrico Ferry and Rafi, defenders of the work “Cruel Criminals” Gallofallo. Although these characteristics were widely accepted at the time of publication, the scientific community did not use them in subsequent criminological research, according to Pablos de Molina (1999), the reason for this fact is that, at the end of the 19th century, the first notion of class struggle and inequality caused by the capitalist system emerged. This inspired crime scholars to believe that it was largely illegal behavior due to political, economic, and social reasons. These scholars shared the idea of denying genetic susceptibility (RABUFFETTI, 1999).
4. IMPLIED RELATIONSHIP BETWEEN THE THEORY OF LOMBROSO AND RACISM COVERED IN BRAZIL
Although the German Academy of Criminology developed a modern theory of crime, it ignored Lombroso’s eugenics research and attributed these different criticisms of continental Europe, but in Latin America, the idea of “criminal” received many followers began research related to criminology in the southern hemisphere. Without taking into account the criticisms raised by the ideas of criminals born in Europe, Brazilian scholars such as Viveiros de Castro and João Vieira de Araújo have widely published Lombroso’s research and pointed out that these studies are very important for understanding crimes and criminals (MERELES, 2013).
Second (MERELES, 2013):
If it is not possible to point out with absolute precision who was effectively the pioneer in the studies of criminology in Brazil, it is interesting to point out that both the claim of pioneering in the new field and the search for international recognition soon stood as important elements of legitimation and distinction between thinkers who began to work with the new theories. Viveiros de Castro, for example, calls out the merit of having presented the first book of dissemination of new ideas in Brazil (Viveiros de Castro, 1894:14), while Cândido Mota, in the presentation of the reissue of his book Classification of Criminals, cites, among the many compliments made to his work in Brazil and abroad, the supposed approval of Lombroso himself – the greatest glory possible for the disciples of the new criminological theories (MERELES , 2013).
Created a culture to study criminals as a complex person, their physical biology and spiritual aspects will determine their attitude. Therefore, attention to criminal research did not pay attention to aspects such as social inequality, unequal opportunities, lack of resources in health and education and lack of access to housing. For this fact, Alvarez said research on crimes and criminals has established a strong source of eugenics and prejudice. These roots actively enter Brazilian ethnic minorities at risk and are characterized by “Brazilian criminals”, blacks, women, homosexuals and residents of communities formed by exclusive urbanization (PEREIRA, 2018).
4.1 VEILED RACISM IN BRAZIL
Hidden racism is racism of disguised and subtle behavior, the aggressor usually does not realize that it is damaging the rights and honor of the victim. This discriminatory approach is widespread in Brazil and often leads to the long-term existence of racism between generations. In this sense, the author mentioned above said the following about masked customs, a person who works on the verge of invisibility works subtly without compromising susceptibility already considered natural (OLIVEIRA, 2006).
Masked racism is difficult to detect, even by its victims, because it is disguised as a “joke” and constitutes routine and repetitive behavior in society. Therefore, even if the victim realizes this crime, she finally decides to abandon the complaint because, according to Pereira, it is “difficult to prove substantive (the existence of material elements that constitute a criminal characteristic) that deceive racism”. “Following this line of reasoning, experts cited examples of conventional cases related to these crimes, the fight against racism / prejudice in Brazil is more difficult, because this behavior is not revealed by practitioners in an “open” but hidden way. According to him, people are often used to facing discrimination and have begun to consider normal behavior, such as “deporting a black child from a store because she may be begging.” In addition, the reporter also mentioned the expressions commonly used by whites in our country, such as “this is a black man with a white soul,” “he’s a black man, but he’s a good man,” “he can only be a black man” (NASCIMENTO, 2010).
4.2 RELATIONS BETWEEN THE THEORY OF LOMBROSO AND VEILED RACISM IN BRAZIL
The Positivist Criminological Criminological Party, composed of Cesare Lombroso, Enrico Ferri and Rafael Garofalo, made the Brazilian Penal Law It had a huge impact. Therefore, the Penal Code of 1890 has an obvious positivist inspiration, which led to the spread of positivist ideas, including the Penal Code of 1940, which triggered incitement to the current Penal Code in the middle of the 21st century. For example, we can refer to Article 59 of the Penal Code, which deals with the personality of criminals, and points out that this is one of the requirements for the application and aggravation of sanctions. Regarding the security measures in the code, Munanga explained:
The security measures, present in the arts. 96 to 99 PC were not introduced directly by the positive school, but are a consequence of its development, aiming to protect society against the dangerousness of the agent. It is noteworthy that the law is an instrument of social control, and that even today there are marginalized groups and social classes, which suffer the stigma of being controlled or removed from social life (MUNANGA, 2004).
Therefore, according to the authors, it is clear that positivist research on Lombroso is the reason for establishing positive social control of marginalized groups, because, according to common sense and laws, this will bring greater risks to society Goods and order. As a result, thousands of poor, black and gay people were labeled with the term “Bums” (MOTA, 2007).
Therefore, it was observed how criminal law created a favorable environment for the spread of racism in various forms and actions. According to him, as long as there is a “Code” based on prejudice and discrimination, racism will not fail, imprisoning hundreds of blacks and poor people with “suspicious and dangerous personalities” (VIEIRA, 2008).
4.3 SOLUTIONS TO REDUCE RACIST PRACTICES
The main social problems caused by practices against racism have been present since the promulgation of the Federal Constitution of 1988, the fight against racism has advanced and long-term policies have been applied, as racial quotas in Oliveira said, however, that government agencies still need to do a lot of work so that the black population does not suffer more verbal, physical and psychological damage. In addition, the reporter cited the economic violence suffered by the population of African descent, universities and public tenders and criminalization of racism for being unsustainable. is characterized by wage inequality between white and black workers. The average income of the former is R $ 2,757.00 and the average income of blacks is R $ 1,531.00. Another data presented by this reporter is that, among the brown and black populations, the number of unemployed remains high, equivalent to 8.3 million of the 13 million. In addition, according to a survey by journalist Isabela Vieira (2015), the proportion of blacks and browns in public and private universities in the country is 25.6%, which represents less than half of the white population (SILVA, 2010).
When analyzing another issue related to racial issues and prejudices, they analyzed a problem that exposed data such as the number of blacks and browns killed by police in Brazil equal to the number of whites killed by them Three times the number. Prevention and investigation agencies, in relation to this police issue, highlighting that the gendarmerie was not prepared to act in the neighboring states of Brazil, the training inspired the police to act violently against those who were accused by society of poverty, thieves and injustices, many of whom are part of the black and brown population, people with the most unequal opportunities in our country , suffers more, therefore, these will be part of the highest statistics of police deaths (SANTOS, 2014).
The main measures adopted by the Brazilian government to reduce racism are related to affirmative action policies, such as racial quotas for admission to federal universities and public agencies. In addition, Afonso cited affirmative policies aimed at ensuring financial equality among Brazilian citizens, such as child benefit and zero hunger. With regard to the meaning of the term “equal policy of action”, these policies aim to end the social inequalities accumulated historically, promoting actions that aim to provide “equal opportunities for historically unequal groups”. The author states that 500-year-old black slaves in Brazil created the instability of hundreds of thousands of blacks and browns in Brazil, which is the country’s obligation to reduce diseases in this historical process (SANTORO FILHO, 2015).
Due to the importance of these affirmative actions, it is vital that the Brazilian government appropriates more policies of the same type and quality to deepen its influence. In addition, trade unionists point out that individuals and companies that disrespect these behaviors should be punished by the state. Therefore, it is recommended that the author indicate, as pointed out by the federal government itself, it is necessary to deepen the effects of affirmative policies through an integrated and coordinated management of actions. Inclusive policies should be promoted in the employment sector, including public services and the private sector. At work, those who distinguish people on the basis of skin color should be punished in accordance with the provisions of the International Convention of the Labour Organization No. 111 (International Labour Organization), which provides for indirect discrimination (RABUFFETTI, 1999).
In relation to racial quotas for admission to public universities, Carla used data to show positive results of these policies, such as the growth of public blacks and free higher education by more than 1000% in the period 1997-2011. According to Santos data (2014) only 1.8% of the Brazilian black population received higher education and, in 2011, this proportion jumped to 11.9%. As a deepening of the policy of racial quotas, the reporter mentioned above said: “30.9% of job vacancies in federal agencies and 22.4% of job vacancies in universities are black, brown and Aboriginal, representing 1/3 and 1/4 of total job offers. respectively.” In addition, Meireles cited research conducted by IPEA and found that:
According to the Institute of Applied Research (IPEA), the net enrollment rate of young people aged 18 to 24 – which measures the number of enrolled in the expected level of education for that age group – more than fivefold among blacks. In the Social Policies Bulletin: monitoring and analysis no. 19, also of IPEA – created on the occasion of programming around the International Year of Afrodescendants in 1992 – only 1.5% of young blacks in this age group were at the university. In 2009, it was 8.3%. The frequency of young black people at university, which corresponded to 20.8% of the frequency of whites in 2002, increased to 38.9% in 2009 (SANTOS, 2014)
Another important affirmative action to reduce racism in Brazil is the implementation of Law No. 10,639 /03, which makes it mandatory to teach Afro-Brazilian history and culture, which will be based on historical topics. The struggle between Africa and Africans, the struggle of Brazilian blacks, brazilian black culture and blacks in the formation of national society and the contributions of blacks in the social, economic and political fields related to Brazilian history (OLIVEIRA, 2006).
5. SUCCESSOR IDEAS TO THE OF LOMBROSO
In the fields of criminal law, criminology and forensic medicine, Lombroso’s influence on his successors is obvious. Lombroso is mainly in the field of criminal anthropology (he is its founder) and still collaborates in the life of Ferri and Garofalo. His closest successor was his daughter Gina Lombroso Ferrero, biographer and collaborator, responsible for the initial dissemination of ideas. In fact, Gina collaborated with her father several times (NASCIMENTO, 2010).
Lombroso’s other daughter, Paola, excels in the fields of education and child psychology: under the obvious influence of her prominent father, she wrote many children’s stories and created child psychology. Paola’s husband, the famous criminologist Mário Carrara, wrote several books on criminal law and criminology. Carrara was also the director of the Museum of Psychiatry and Criminology founded by Lombroso in 1898. Lombroso has five children, but only Gina and Paola are famous. Gina married historian Guilherme Ferrero, who was a great promoter of Lombrosi’s theory (MUNANGA, 2004).
Unfortunately, Lombroso’s family was persecuted because of Israeli descent and was forced to take refuge in Switzerland, which interrupted the work of promoting the master’s work. At first, fascist Italy had no meaning to anti-Semitism, but the treaty with Nazi Germany allowed the country to continue the persecution of the Jews. Despite Lombroso’s death, his family suffered the consequences of its origin (MOTA, 2007).
Lombroso’s most important successors and participants in the work and research of great masters are Garofalo and Ferri. Raffaelle Garofalo (1851-1920), together with Lombroso and Ferri, founded the School of Criminal Law and Positivism of Criminology. He thinks this is a knowledge related to crime and criminal law, his research predicted the formation of criminal psychology (MOLINA, 1999).
On the other hand, Enrico Ferri (1856-1929), professor at the University of Turin, is a criminal lawyer and more inclined to sociology. This is proven by his most important work: the sociology of crime, published in 1892. He was a member of the committee that drafted the Italian Penal Code, but the committee’s draft was replaced by another committee. Ferri and Ghanafaro, Ferrero, Carrara, Gina and Paul formed notable figures in the active school of criminal law, but as forensic thinking was developing in another direction, this school had very few followers (MOLINA, 2013).
6. OVERCOMING LOMBROSIAN LEGAL MEDICINE
Modern legal medicine professionals believe that Lombroso’s theory is weak. Research on the skull and bones has not yet come to a clear conclusion about the relationship between bones and mental behavior. These facts are not enough to prove that humans have a genetic tendency (reasoning) to commit crimes due to body structure (LOMBROSO, 1997).
Lombroso’s research was conducted about 150 years ago, when there were not enough resources to perform tests, such as DNA. Lombroso cannot rely on safer and more trusting scientific data (MERELES, 2013).
Some of his critics even respect literature, such as the story of the Corsican brothers: they are connected and share the same blood. They are inherently connected and separated from each other. However, they live in different environments, and each person has formed their own personality type. Therefore, the criminal may be born with certain depraved characters, but his efforts and the mode of education can change him. Therefore, humanity is a product of the environment on which it depends for survival and development. He may get sick, but he can be cured and, by the way, Lombroso has never denied it (GUIMARÃES, 2005).
According to the criminals, the offender should be referred to a doctor, not a judge. Others claim that many criminals have recovered, while others have had a normal life and therefore entered a criminal life early in their lives. We can summarize some isolated facts. This is the reason for the short duration of the faculty of positive criminal law, and the revival many years later changed the pattern originally adopted by Lombroso, however, the whole world is respected by Lombroso, as the city of São Paulo, which is called “Cesar Lombroso (a street near Bom Retiro). Professor César Lombroso) (CARVALHO, 2010).
But, as the critics themselves admit, Lombroso has numerous achievements. He learned enthusiastically about crime, its causes and the figure of criminals and conducted years of research without fading with a serious and dedicated attitude. Many of its conclusions are relevant and useful in law. His commitment to finding the causes of crime and his remedies is remarkable: he also tries to understand criminals and their differences in relation to ordinary people (CALEGARI, 2007).
It should also be pointed out that not only raw genetic factors have influenced crime trends. Lombroso analyzed and cited environment, education, climate and several other factors. Free will is not discarded. Therefore, there are many factors that affect the composition of criminals (BITENCOURT, 2011).
However, a fact has been confirmed by modern psychology and many medical and psychological theories: there is a connection between physics and psychology, that is, physical conformation can lead to psychological and spiritual characteristics and vice versa. On the other hand, Lombroso’s successor defended the theory that psychological factors influence physical formation and physical characteristics. For example, the life of a criminal ends in the formation of physical characteristics; in this way, the criminal can bring to his face the striking features of his charming life, disagreements with pain, jealousy, disobedience, resistance, revenge, hatred, family, work and other human environments can lead to physiological dysfunctions, such as diabetes, ulcers, stress, high blood pressure, high cholesterol and other pathological factors (AFONSO, 2014).
7. THE PERSISTENCE OF LOMBROSIAN IDEAS IN THE 21st CENTURY
The connection of contemporary criminologists with lombrosionism may be linked to the propagation of this theory in other areas of knowledge such as Sociology, Anthropology, History, Medicine and Law. The current clothing of the discussion still focuses on explanations about violence, forensic identification and preventive methods of delinquency, may explain the combination of Lombros’s criminology and the present. Since the 19th century, in its undergraduate law course, criminology has been the subject of discussion about the origin of positivist criminal law. The founder of criminal anthropology, Cesare Lombroso, and the criminal tendency of human anatomical characteristics, help develop stereotypes and methods of scientific recognition of siege. Experts judge the objects analyzed in advance. Everything is always deformed, asymmetry or shameless stigma (DEL OLMO, 2004).
In another excerpt of the same article, Arthur Carvalho established his Lambertian discourse by distinguishing good citizens from bad individuals:
The social problem is one thing, bad nature is another. (…) The situation as it stands is that it cannot continue. The quiet and good citizen, who pays tax, produces for the nation and has family to raise should not be at the mercy of the bandit, of any pivete, that takes his life cowardly and with impunity. The certainty of impunity is an incentive to crime. Brazilian and foreign literature are rich in Lombrosian characters – intrinsically perverse people who were born prone to the practice of lurid crimes. (CARVALHO, 2010)
This argument goes back to the criminological narrative of the 19th century, survived the criticisms and changes of the 20th century, and continues to be effective in the forensic methods of the 21st century. Fear of antisocial behavior is related to the human need to establish a mechanism to discipline citizens, such as schools, prisons, psychiatric hospitals, orphanages, etc. These are and still are strongholds of order and control. By modeling the behavior of the population through these institutions, the power of the State seeks to legitimize itself, thus constructing the concepts of public order and moral parameters (GUIMARÃES, 2005).
Gradually, the concept and method of identifying legal justice became legal and came to be accepted by the public as a necessary mechanism for the implementation of state power, however, we must realize that justice is a product of cultural construction, which differs according to the concept of crime and the cultural parameters of the society in which it is used. When we understand this theoretical variant, we will stick to criminal law defined according to the needs of each social group. The standardization of sentences made room for other sciences dedicated to forensic research, which tried to adapt the human body to the rules of criminal law (BERARDINELLI, 1938).
The human body is dominated by the appearance of social surveillance, but now, without being directly punished by the body, the human body will become the target of the repulsive stigma expressed by the theory of enhanced means of identification. It represents a transition from the old punitive torture template to clean sentences, without blood, without torture, but full of stereotyped sentences (VIEIRA, 2008).
The stigma spread by these words reflects stereotyped ideas that still permeate part of our exclusive society. In a way, even today, we still find that people who associate urban chaos with some kind of congenital deviation are associated with the “naturalness” of this crime (SANTOS, 2014).
Through the study of Cesare Lombroso and direct racism in Brazil, one can clearly see how the principles and characteristics of Lombroso’s works are through subtle mechanisms of discrimination to remain active in our society, they are constantly moving in the daily life of Brazilian states through racist behavior against minorities.
As a result, it is clear that the solution to reduce these racist practices is mainly to establish policies of deep affirmative action throughout The Brazilian territory to reduce the problems caused by slavery and slavery and other historical processes works of eugenics such as “O Homem Delinquente”.
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 Technologist in Foreign Trade by the Brazilian Institute of Business Management (IBGEN) of Porto Alegre, Paralegal in Conciliation, Mediation and Arbitration by the Crown University of Bradenton, Bachelor of Foreign Legal Sciences from Crown University of Bradenton, Technologist in Legal and Notary Services by the Brazilian Institute of Training (IBF) of Joinville and Bachelor of Psychology from the Higher Baptist School of Amazonas (ESBAM). Similarly, he completed two specializations in Criminology at Famart College in Itaúna and ethics and justice at Harvard University in Massachusetts. He holds a Master’s degree in Administration with mention in Organizational Management from the Universidad Nacional Experimental de Los Llanos Occidentales Ezequiel Zamora de Santa Barbara, PhD in Legal Sciences from Crown University of Bradenton and Post-doctorate in Application of Ontologies for Knowledge Management by Crown University of Bradenton on the condition of double degree with the Postdoctoral Program in Knowledge Ontology and its Transcendence from the Educational Perspective , and its application in Organizational Management by Fermín Toro de Lara University.
Submitted: January, 2021.
Approved: January, 2021.