Banca de QUALIFICAÇÃO: LIANNE PEREIRA DA MOTTA PIRES OLIVEIRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LIANNE PEREIRA DA MOTTA PIRES OLIVEIRA
DATE: 02/07/2026
TIME: 14:00
LOCAL: A definir
TITLE:

Human Rights of Persons with Psychosocial Disabilities: The Role of the Inter-American Court of Human Rights and Brazilian Case Law in the Construction of Protection Standards

KEY WORDS:

human rights; persons with psychosocial disabilities; Inter-American Court of Human Rights; Federal Supreme Court.

PAGES: 312
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The first international condemnation of the Brazilian State by a human rights court occurred in 2006, in the judgment of the case Ximenes Lopes v. Brazil by the Inter-American Court of Human Rights (IACtHR). The case arose from serious human rights violations committed against Damião Ximenes Lopes, a person with psychosocial disabilities who was subjected to ill-treatment, torture, and degrading conditions in a psychiatric institution located in the countryside of the state of Ceará, circumstances that ultimately led to his death. In addition to representing a painful stain on the Brazilian history of the treatment afforded to persons with psychosocial disabilities, the judgment constituted an important landmark in Inter-American jurisprudence by affirming the centrality of human dignity as the foundation for the protection of this vulnerable group. Within this context, the present study analyzes the jurisprudential trajectory of the Inter-American Court and the impacts of the protective standards developed by the Court on the jurisprudence of the Brazilian Federal Supreme Court (Supremo Tribunal Federal – STF). The research is structured around three main axes. The first examines the concept of psychosocial disability and its historical development, seeking to understand this condition in light of contemporary theories of social justice. The second focuses on the analysis of international, Inter-American, and domestic legal instruments aimed at protecting persons with psychosocial disabilities. The third axis concentrates on the study of the IACtHR’s jurisprudence in cases involving this group, as well as on the analysis of landmark STF decisions that reveal normative dialogues from a transconstitutional perspective. The central research question seeks to investigate to what extent psychosocial disability has been recognized as a human rights issue within the Inter-American Human Rights System and what impacts the Inter-American interpretative standards have had on Brazilian constitutional jurisprudence. The study is based on the hypothesis that the Inter-American System has consolidated the overcoming of strictly biomedical and welfare-based models in favor of an approach grounded in human dignity, a standard progressively incorporated by the Brazilian Supreme Court. Considering the complex issues identified, this study aims to analyze the conformity of the jurisprudence of the Federal Supreme Court, as well as Brazilian state actions and omissions, with the Inter-American standards related to the protection of persons with psychosocial disabilities. The research adopts a qualitative methodology, with a descriptive and analytical approach, combining bibliographic review and jurisprudential analysis. On the empirical level, an inductive method is employed through the examination of selected decisions, with the purpose of identifying relevant interpretative patterns. The study is justified by the persistence of theoretical gaps concerning the legal protection of persons with psychosocial disabilities within the framework of Inter-American Human Rights Law, despite important normative advances. The research demonstrates that the effective protection of the rights of these individuals cannot be reduced to isolated legislative reforms or institutional adjustments, but rather requires a broader social transformation grounded in the recognition of their dignity. From this perspective, the study points to the relevance of identifying an unconstitutional and unconventional state of affairs in light of the persistence of structural and repeated violations of the rights of persons with psychosocial disabilities, a reality that remains incompatible with the international commitments assumed by the Brazilian State even after the condemnation in the case Ximenes Lopes v. Brazil.

COMMITTEE MEMBERS:
Interna - ***.106.864-** - BRUNA AGRA DE MEDEIROS - UFRN
Interno - 1287263 - FABIO LUIZ DE OLIVEIRA BEZERRA
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA