Banca de QUALIFICAÇÃO: ADSON KEPLER MONTEIRO MAIA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : ADSON KEPLER MONTEIRO MAIA
DATA : 21/01/2019
HORA: 15:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE APPLICATION OF INTERNATIONAL TREATIES OF HUMAN RIGHTS BY THE
PUBLIC ADMINISTRATION IN BRAZIL: THE CASE OF THE IMPRISIONED PERSON
PRESENTATION TO THE JUDGE OR TO ANOTHER AUTHORIZED AUTHORITY BY LAW TO
EXERCISE JUDICIAL FUNCTIONS

PALAVRAS-CHAVES:

Human rights; Globalization; Criminal Procedural Law; International treaties;
Conventional Control.

PÁGINAS: 84
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The purpose of this dissertation is to examine the possibility of the Public Administration directly
exercising the application of international human rights treaties, incorporated in the Brazilian legal system
on a general omission in its implementation, especially in the scope of criminal procedural guarantees, as
a form of institutional protection of constitutional rights and duties constantly relativized in the process of
globalization that irreversibly results in the expansion of the Criminal Law to attend to the protection of
supra-individual legal rights and in the mitigation of legal guarantee. To this end, this research brings
forward the contemporary perspective of human rights from the globalization and under Ulrich Beck's
Global Risk Theory, confronted with it’s criticism to demonstrate the ambivalence of the need for
criminal protection of new supra-individual and, while at the same time minimizing the damage of the
expansion of criminal law through the realization of international protection of human rights. This is still
incipient in the legal order of the country. The central hypothesis of this research is to prove that the
Public Administration can also enforce international treaties and, in the specific case of the American
Convention on Human Rights, to do so according to the interpretation given by the Inter-American Court
of Human Rights, although not exercising conventionality control, it’s exclusive to the Judiciary. In this
sense, the National Council of Justice Resolution No. 213, dated December 15, 2015, was chosen as a
concrete case of analysis. Verifying the hypothesis of the progressive inconventionality in the non-
compliance presentation of the prisoners to a judicial authority or an authorized authority to exercise
judicial functions, some alternatives are proposed for the said presentation of imprisoned people to the
Judge of Guarantees in person or by videoconference, according to the draft of the new Code of Criminal
Procedure that is pending in the Legislative. In this context, in order to assist the research already carried
out, it is demonstrated how other countries that are signatories of the American Convention on Human
Rights (Pact of São José da Costa Rica) apply its art. 7, item 5. The methodology used was descriptive-
analytical, using bibliographical research.

MEMBROS DA BANCA:
Presidente - 1758259 - KEITY MARA FERREIRA DE SOUZA E SABOYA
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Interna - 1657901 - YARA MARIA PEREIRA GURGEL