Banca de QUALIFICAÇÃO: MARIA CLARA ALVES BARROS OLIVEIRA DOS ANJOS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : MARIA CLARA ALVES BARROS OLIVEIRA DOS ANJOS
DATE: 29/06/2026
TIME: 10:00
LOCAL: Ambiente virtual
TITLE:

ADMINISTRATIVE SANCTIONING LAW AND THE INTER-AMERICAN HUMAN RIGHTS SYSTEM: INTER-AMERICAN STANDARDS FOR THE BRAZILIAN LEGAL SYSTEM

KEY WORDS:

Inter-American Human Rights System; Administrative Sanctioning Law; Standards; Conventionality Control; Administrative Disciplinary Proceeding; Administrative Misconduct; Political Rights

PAGES: 181
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Administrative Sanctioning Law occupies a position of growing relevance in the Brazilian accountability system, exercising the State's ius puniendi through non-criminal means that directly interfere with the sphere of rights of the governed. In this context, the question guiding this research arises: what are the standards established by the Inter-American Human Rights System applicable to Sanctioning Administrative Law, and to what extent are these parameters observed by the Brazilian legal system? It is hypothesized that there is a set of standards within the Inter-American framework which, when confronted with the domestic system, reveal structural incompatibilities and call for the exercise of conventionality control. To answer this question and verify this hypothesis, an analysis of Human Rights was conducted from the perspective of the Inter-American System, encompassing its structure and functioning, the theory of conventionality control, and the application of this instrument in Brazil. Subsequently, the IAHRS standards for Administrative Sanctioning Law were systematized, serving as parameters for the exercise of conventionality control by the State as a whole, within the scope of its competences. Furthermore, the construction of Brazilian Administrative Sanctioning Law, its principles, and foundations were examined, highlighting the expressions of this sub-branch considered to have the greatest impact on the individual's sphere of fundamental rights. Finally, the application of the systematized standards to the highlighted expressions of Administrative Law was explored, addressing their conventionality. To this end, the methodology adopted consisted of bibliographical and documentary research, covering the main legal instruments and doctrines regarding the IAHRS, conventionality control, and Administrative Sanctioning Law. In addition, jurisprudential research was carried out on the search platforms of the Inter-American Court, both on the IACtHR website and on the search engine of the Supreme Court of Justice of Mexico, focusing on political rights, disciplinary proceedings, dismissal, and political disqualification. Based on this research, it was possible to systematize the application and scope of human rights protection standards in the Inter-American System regarding Administrative Sanctioning Law. Furthermore, it concluded that structural incompatibilities exist within the domestic sanctioning system, highlighting the unconventionality of Precedent (Súmula) 641 of the STJ, the conditional unconventionality of Binding Precedent (Súmula Vinculante) 5 of the STF, unconventionalities in Law Nº. 8,429/92 (which addresses administrative misconduct), the unconventionality of the sanction suspending political rights due to misconduct, and the unconventionality of political ineligibilities resulting from administrative decisions.

COMMITTEE MEMBERS:
Interna - ***.106.864-** - BRUNA AGRA DE MEDEIROS - UFRN
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA
Interno - 2199638 - VLADIMIR DA ROCHA FRANCA