Banca de QUALIFICAÇÃO: ADSON KEPLER MONTEIRO MAIA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : ADSON KEPLER MONTEIRO MAIA
DATA : 13/03/2019
HORA: 19:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE CONVENCIONALITY CONTROL AS AN INSTRUMENT OF COSMOPOLIZATION: THE CASE OF IMPLEMENTATION OF CUSTODY HEARING IN BRAZIL

PALAVRAS-CHAVES:

Human rights. Globalization. Criminal procedural law. International treaties. Conventionality Control.

PÁGINAS: 143
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

This dissertation aims to analyze the emergence of the Conventionality Control in Brazil as a instrument for the cosmopolization of human rights, which transcends the legal system of the country and establishes international standards of human rights in national and foreign territories – considering that such phenomenon integrates the process of constitutionalization of international law that has been materialized over the last decades. The scope of this study is defined by criminal procedural guarantees, focusing on the casuistry of compliance with both Article 7, item 5 of the American Convention of Human Rights and Article 9, item 3 of the International Covenant on Civil and Political Rights – both constituting existing standards that are incorporated in the Brazilian legal system. These regulations fostered the implementation of the custody hearing process in Brazil, an indigenous form of compliance with the obligation to present detained people to the judge or other authority with judicial functions. Nevertheless, this process is not completely established in the national territory – reason by which it is created both a progressive unconventionality, given the omission of the State, and the possibility of implementing sanctions, considering a noncompliance with the two standards. Therefore, this study presents an analysis based on the Theory of Conventionality Control with the interdisciplinary contribution of Ulrich Beck's Cosmopolitan Social Theory. The central hypothesis of this study is that the implementation of the custody hearing in Brazil reflects the cosmopolization of human rights, considering the Judicial Review as a legal instrument for the implementation of international human rights treaties within the scope of the three state powers and their respective institutional functions. Once this hypothesis of progressive non-compliance with the obligation to present detained people to a judicial authority or person authorized by law to exercise judicial functions is verified through this legal instrument, some alternatives can be suggested such as the presentation of prisoners to the Guarantee Judge personally or by videoconference, according to the new Code of Criminal Procedure draft that is under discussion in the Legislative. The methodology used in this study consisted of a descriptive and analytical approach based on a 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