Banca de DEFESA: LEONIDAS ZEFERINO FERNANDES LIMA
Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.DISCENTE : LEONIDAS ZEFERINO FERNANDES LIMA
DATA : 06/03/2017
HORA: 18:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:
PALAVRAS-CHAVES:
International Solidarity, Human Rights of Solidarity, Global Constitutionalism.
PÁGINAS: 330
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, in a context where international solidarity presents itself as a promising protagonist in order to achieve the necessary conceptual changes towards concretization of the so-called "human rights of solidarity" or "a human right to international solidarity", which call for a rethinking and conceptual redefinition of the State, Law and Justice. Emphasizes that the legal imaginary of 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, such 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). And emphasizing 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), argues that between a the less irrefutability of international solidarity as "lex ferenda" and the theoretical and practical uncertainties of its transformation into a solid "lex lata", according to the sui generis challenges and needs of mankind, the extensions and dynamics between these two spheres (lex ferenda / lex lata) point to an irreversible tendency towards the recognition of international solidarity as both value and principle, and as a human right (that is, as a concrete way of global justice and promotion of human dignity). It concludes by proposing that the current draft of the Declaration on the Right of Peoples and Individuals to International Solidarity by the United Nations appears as a tool to clarify the gray area "lex obscura" between "lex ferenda" and "lex lata" where solidarity is, because 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:
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Externo à Instituição - ROSIVALDO TOSCANO DOS SANTOS JUNIOR - ESMARN