Banca de DEFESA: PEDRO IGO PAIVA PINHEIRO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : PEDRO IGO PAIVA PINHEIRO
DATE: 29/06/2023
TIME: 17:00
LOCAL: Ambiente virtual
TITLE:

(IN) EFFECTIVENESS OF THE CONVENTIONALITY CONTROL OF HUMAN RIGHTS NORMS IN SOCIAL SECURITY MATTERS IN FEDERAL COURT DECISIONS

 

KEY WORDS:

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

PAGES: 219
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research is inserted in the field of International Human Rights Law in the context of social security relations in view of the control of conventionality applied to the matter in the light of the system of supra-legality adopted by the Supreme Court. It is assumed that the judiciary faces an emblematic impasse with regard to the conflict of standards and legal antinomies arising from the thesis of the supra-legality of human rights treaties, adopted by the Supreme Court, in the trial of Habeas Corpus No. 87.585-8. Thus, the international human rights matter, in the social security context, is not accepted as a conventional parameter in the category of human rights in light of the constitutional teratological order. This fact 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 Social Security System and to the judges who yearn for social security jurisdictional protection. In this scenario, the aim is to solve such issues through the consideration of the guiding principles of human rights, especially the principle of indivisibility of these rights and the maxim pro persona, in the sense of the application of the rule that is more favorable to the insured or applicant. Therefore, the question is: can the human rights enshrined in international treaties, in social security or social matters, constitute a parameter for the control of constitutionality within the Brazilian judiciary? From this perspective, the main objectives of this research are: a) to describe the theoretical assumptions of conventionality, considering the global compatibility; b) to analyze the fundamentals of international social security law as a human rights norm to be considered as a parameter of conventionality control; c) to investigate possible unconventionalities in social security matters and address the effectiveness of the social security norm in the Federal Justice of the Federal Regional Courts of Brazil from a structural analysis. The methodology of this study is based on several elements, including quali-quantitative research with exploratory objectives and descriptive analytical orientation, the use of the inductive method, and analysis of bibliographic, documentary, and jurisprudential sources. It is expected that this research contributes to the understanding that international human rights rights can be conceived as a reference for 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 with effect to give resoluteness to welfare claims in the Federal Court.

COMMITTEE MEMBERS:
Externo ao Programa - 1287263 - FABIO LUIZ DE OLIVEIRA BEZERRA - nullExterno à Instituição - GEORGE MARMELSTEIN LIMA - FA7
Presidente - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Interno - 2527208 - THIAGO OLIVEIRA MOREIRA