Banca de QUALIFICAÇÃO: ÁLVARO VERAS CASTRO MELO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : ÁLVARO VERAS CASTRO MELO
DATE: 30/05/2023
TIME: 15:00
LOCAL: Ambiente virtual
TITLE:

HUMAN RIGHTS OF THE LGBTQIA+ POPULATION IN BRAZIL: CURRENT STATUS OF PROTECTION AND POSSIBLE CONTRIBUTIONS OF LITIGATION JURISPRUDENCE OF THE INTER-AMERICAN SYSTEM

KEY WORDS:

Inter-American Law of Human Rights; LGBTQIIA+ Rights; Inter-American Court of Human Rights; Jurisdictional Dialogue. Control of Conventionality. Brazil.

PAGES: 111
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

LGBTQIA+ population has historically been the target of prejudice and discrimination. From the existence of an omissive Legislative Power, the guarantee of several or their rights happened in Brazil through judicial decisions, notably of the Supreme Federal Court and the Superior Court of Justice. At the same time, these rights keep facing countless challenges, including the pursuit of new developments. Considering this context, it is also important to analyze the decisions of the Inter-American Court of Human Rights, so that it is possible to verify how the inter-American jurisprudence is developing the theme and how Brazilian courts can interact through instruments such as the interjurisdictional dialogue and the control of conventionality. Such jurisprudence could help solve several problems that will arise concerning the protection of this minority group. A bibliographic research will be carried out, through the study of specific articles and books, in order to outline an introductory overview. The study will also make use of a documentary research in which the judgments that come from the Inter-American Court of Human Rights, the Supreme Federal Court and the Superior Court of Justice will be studied, specially in what regards the reasoning of the decisions that lead to conclusions. The deductive approach will be used. Such research can be justified when considering the several current challenges for the protection of LGBTQIA+ human rights and the possibility of contribution of the Inter-American Court of Human Rights to achieve such a goal, taking into account that there is an inter-American jurisprudence about this theme. It is expected to find, as a result, that there is insufficient references of the Supreme Federal Court and the Superior Court of Justice on their judgements on LGBTQIA+ human rights to what was decided by the Inter-American Court of Human Rights on the same theme, what leads to the need of changes in the national courts aiming to avoid international accountability in the future and that such minority group can effectively have the guarantee of their rights.

COMMITTEE MEMBERS:
Presidente - 3229333 - ERICA VERICIA CANUTO DE OLIVEIRA VERAS
Interno - 1254860 - FABRICIO GERMANO ALVES
Interna - 1657901 - YARA MARIA PEREIRA GURGEL