Banca de QUALIFICAÇÃO: FERNANDA HOLANDA FERNANDES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : FERNANDA HOLANDA FERNANDES
DATA : 09/05/2017
HORA: 17:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE MECHANISMS OF IMPLEMENTATION OF THE INTERNATIONAL CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES IN THE BRAZILIAN LEGAL SYSTEM

PALAVRAS-CHAVES:

 People with Disabilities. Effectiveness of rights.  Brazil.

PÁGINAS: 340
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
RESUMO:

 

     

ABSTRACT

 

Brazil has incorporated the International Convention on the Rights of Persons with Disabilities through Decree no. 6,949 / 2009, with status of Constitutional Amendment. It promotes a paradigm shift about the phenomenon of disability, presenting new premises for understanding, promoting and securing rights to this group. In this context, it is considered that the treaty establishes several mechanisms for the implementation of its norms, in order to fill a legal gap in the global human rights protection system, in which the approach to this issue was only through non-binding documents. It should be noted that the rights of this social segment were coded in Brazil including the Federal Constitution of 1988, which provides for several guarantees, giving the ordinary legislator its regulations. Thus, the existence of a broad legal framework on the subject in the Brazilian legal system is observed. However, the situation of these individuals, in practice, has not advanced in the same proportion. This fact demonstrates the low degree of effectiveness of such norms. In view of this panorama, the object of study was the analysis of how the incorporation of this International Convention can contribute to the realization of the rights of persons with disabilities in Brazil. As a guideline, it was hypothesized that this contribution may occur insofar as the treaty compromises all State functions (Executive, Legislative and Judiciary) with its implementation. In order to direct it to occur in a coordinated, systematic and in all dimensions of state activity. In order to verify the validity of this thought, the objectives were defined: to examine which are the effective mechanisms established in the Convention itself and how these have been under the Brazilian State; Analyze how state functions are working to implement treaty standards; To check what instruments exist in each of these spheres and what the potential to be effective. It is hoped to demonstrate that this treaty is more than a declaration of rights, is a new way of thinking about the realization of human rights and can help Brazil achieve progress in the inclusion of people with disabilities.

 

 

 

MEMBROS DA BANCA:
Interno - 1693362 - ANA BEATRIZ FERREIRA REBELLO
Presidente - 1570072 - JAHYR PHILIPPE BICHARA
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO