Banca de QUALIFICAÇÃO: GUSTAVO BRUNO DE FREITAS PAULO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : GUSTAVO BRUNO DE FREITAS PAULO
DATE: 28/05/2021
TIME: 11:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

The perspective of the concretization of fundamental rights for LGBTQ people in Brazil through the Judiciary

KEY WORDS:

Fundamental rights, sexual rights, Supreme Federal Court, concretization of rights

PAGES: 106
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The exaltation of the fundamental rights in the context of the Democratic States of Law in the aftermath of World War Two, following a tendency of the State in transitioning from an individualistic stance to a prestational one, guaranteeing an existential minimum, has revealed itself to be complex in regards to promoting the effectivity of rights related to the free exercise of sexuality, specially pertaining to the LGBTQ population, since even after their formal affirmation, there has been a continuity of violations to these rights perpetrated by the State and by the private sphere. This work intends to detail this situation of sistematic relativization of rights, which occurs at the expense of the State duty to protect constitutional guarantees, and to examine the phenomenon from which the harmed individuals seek the Judiciary Power as a way to have a resolution to their pleads involving disrespect to the sexual rights and sexuality based discrimination, evaluating the legitimacy and the effectiveness of this path towards promoting and solidifying fundamental rights in the brazilian legal order.

BANKING MEMBERS:
Externo à Instituição - GLAUBER DE LUCENA CORDEIRO - UNIPÊ
Presidente - 2279345 - SERGIO ALEXANDRE DE MORAES BRAGA JUNIOR
Interno - 2527208 - THIAGO OLIVEIRA MOREIRA