Banca de QUALIFICAÇÃO: PEDRO IGO PAIVA PINHEIRO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : PEDRO IGO PAIVA PINHEIRO
DATE: 31/05/2023
TIME: 11:00
LOCAL: Ambiente virtual
TITLE:

CONTROL OF CONVENTIONALITY IN SOCIAL SECURITY LAW AS A HUMAN RIGHTS STANDARD AND THE PROBLEM OF CONVENTIONAL ASSESSMENT IN THE LIGHT OF THE SUPRAL LEGALITY SYSTEM: ANALYSIS OF THE SYNTHESIS IN THE FEDERAL COURT

KEY WORDS:

International Human Rights Law. Conventionality Control. Social Security Law. Indivisibility of Human Rights.

PAGES: 149
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

In this context, we will address issues involving international human rights law in the context of social security relations in view of the control of constitutionality applied to social security matters in light of the system of supra-legality adopted by the Federal Supreme Court. The general objective of this research is: a) to describe the theoretical assumptions of the covencionality, considering the global compatibility; b) to analyze the fundamentals of the international social security law as a human rights norm, taking into account the control of conventionality; c) to investigate possible unconventionalities in social security matters and approach the effectiveness of the social security norm in the Federal Justice of the Federal Regional Courts of Brazil, from a structural analysis. The general objective is to answer the following problem: Can human rights in social security matters constitute a parameter for controlling constitutionality within the Brazilian judiciary and be considered human rights norms? The justification and thematic relevance of this study are based on the observation that the judiciary is facing an emblematic impasse with regard to the conflict of norms and legal antinomies resulting from the thesis of supra-legality adopted by the reform of the judiciary, so that international human rights issues in the social security context are not accepted as a conventional parameter in the category of human rights in light of the constitutional teratological order. This has generated insecurity in the guarantee of human rights in social security matters in the scope of the concession of benefits to the insured of the General Regime of Social Security (RGPS) and to the judges who yearn for social security jurisdictional protection, it is aimed to solve such issues by considering the principles of indivisibility of human rights and the maxim pro persona, in the sense of the application of the most favorable norm to the insured or applicant. The methodology of this study can be divided into several elements, including qualitative research of an exploratory nature with a descriptive analytical orientation, use of the inductive method, and analysis of bibliographic, documentary, and jurisprudential sources. It is essential that these elements are well defined to guarantee the research result and ensure accountability in obtaining the results. It is hoped that this study will contribute to the understanding that international human rights rights can be conceived as a social security matter and as a reference for the parameter of conventionality control in the system of moderate dualism preceded by the Supreme Court when the hierarchy of human rights treaties in the Brazilian legal system with the effect of giving resolution to social security claims in the Brazilian federal courts.

COMMITTEE MEMBERS:
Externo ao Programa - ***.767.563-** - FABIO LUIZ DE OLIVEIRA BEZERRA - JE
Presidente - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Interno - 2527208 - THIAGO OLIVEIRA MOREIRA
Interna - 1657901 - YARA MARIA PEREIRA GURGEL