Banca de QUALIFICAÇÃO: GÉSSICA DAYSE DE OLIVEIRA SILVA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : GÉSSICA DAYSE DE OLIVEIRA SILVA
DATA : 27/12/2017
HORA: 14:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE INTER-AMERICAN JUDGMENTS ON HUMAN RIGHTS: AN ANALYSIS WITH EMPHASIS ON THE PROBLEM OF IMPLEMENTATION IN BRAZILIAN LAW

PALAVRAS-CHAVES:

Judgments. Inter-American Court of Human Rights. Enforcement.

PÁGINAS: 140
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The present work is dedicated to the theme of Inter-American judgments in human rights matters, with emphasis on the issue of enforcement, also highlighting the case of compliance with decisions in Brazilian law. Thus, the bibliographical research was carried out, with a focus on doctrine, national legislation, international law and inter-American jurisprudence on human rights. The first chapter focuses on the basic aspects of human rights protection in the international order, such as the internationalization of human rights and the different global and regional protection systems, and this initial approach is necessary to understand the international protection of human rights from the beggining until the creation of international tribunals for the trial of offending states.The second chapter focuses on the investigation of the judgments of the Inter-American Court, from the attribution of international responsibility in the inter-American system, through the inter-American human rights process, to the rules of the court for the implementation of the provisions of the sentences, with the purpose of understanding the words of the court itself, by examining the content of the decisions. Finally, the third chapter sought to emphasize the situation of the execution of the international judgments of the Inter-American Court in Brazil, giving a specific focus to the cases in which the Brazilian State was guilty. The issue of compatibility between Brazilian law and international human rights law was also raised to the question of compliance with judgments, and it was examined whether the internal procedure for the execution of inter-American human rights judgments is in favor of achieving of the rights protected by these decisions and also if the domestic dynamic is in accordance with what the Inter-American Court of Human Rights establishes, based on the study of Monitoring Compliance with Judgment of the Brazilian cases. In the end, the conclusion was reached that the fulfillment below expectations shows that Brazil needs to review and improve its practices for internalizing inter-American judgments, and above all, it is necessary to approve national law that deals specifically with the issue of enforcement of international judgments.

 

MEMBROS DA BANCA:
Interno - 2230148 - ERICK WILSON PEREIRA
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL