Banca de QUALIFICAÇÃO: LEONIDAS ZEFERINO FERNANDES LIMA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : LEONIDAS ZEFERINO FERNANDES LIMA
DATA : 13/02/2017
HORA: 08:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

SOLIDARITY IN INTERNATIONAL LAW: BETWEEN "LEX FERENDA" AND "LEX LATA"

PALAVRAS-CHAVES:

International Solidarity, Human Rights of Solidarity, Global Constitutionalism.

PÁGINAS: 342
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

This work intends to study the humanization of international law, and consequently the rise of a global constitutionalism in the defense of human rights, which is gaining more strength and worldwide recognition, in this beginning of the 21st century; creating a context in which solidarity presents itself as a promising protagonist in order to achieve the necessary conceptual changes towards the realization of the so-called "human rights of solidarity", rights that attest to various constitutional dimensions of affirmation of solidarity (national, regional, international, transnational and global) in confronting the enormous, diverse, and complex present problems of humanity, which urge a rethink and redefine conceptually the State, Law and Justice. Describes why the solution to current global challenges does not depend on the goodwill of a single or a group of States; in effect, requiring a general collective effort from both States, International Organizations, private companies, multi and transnational corporations, international civil society organizations (NGOs) and individuals themselves. Emphasizes that the legal imaginary of the humanization of international law and global constitutionalism find in the realization of human rights of solidarity the legal response that would guarantee the supremacy of the common values shared by humanity, as human dignity and solidarity, in the domains of validity of legal acts (including by relating such rights to jus cogens norms and erga ommes obligations). Emphasizes that solidarity in international law lies in a confused zone between "lex ferenda" (an ideal of what law should be / imminent possibility) and "lex lata" (law admittedly established / reality). It argues that between the less irrefutability of international solidarity as "lex ferenda" and the theoretical and practical uncertainties of its transformation into a solid "lex lata", in the light of the challenges and sui generis needs of humanity, the extensions and dynamics between these two spheres (lex ferenda / lex lata) point to an irreversible trend towards the recognition of international solidarity as both value and principle, and as a human right itself (as a concrete way of global justice and promotion of human dignity). Concludes by proposing that the current draft of theDeclaration on the Right of Peoples and Individuals to International Solidarity of the United Nations appears as a tool to clarify the gray zone “lex obscura” between "lex ferenda" and "lex lata" where international solidarity is found; since, in short, it intends to develop a legal theory of solidarity closely linked with International Human Rights Law and the supreme principle of human dignity, through viable, enforceable and feasible shared rights and responsibilities.

 

MEMBROS DA BANCA:
Interno - 1693362 - ANA BEATRIZ FERREIRA REBELLO
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL