Banca de QUALIFICAÇÃO: ISABELLY GUEDES DE ANDRADE

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : ISABELLY GUEDES DE ANDRADE
DATE: 25/03/2024
TIME: 20:00
LOCAL: Ambiente Virtual
TITLE:

NORMATIVE CONTENT OF THE DIGNITY OF THE HUMAN PERSON AND ITS LEGAL IMPLICATIONS IN THE REALIZATION OF HUMAN RIGHTS

KEY WORDS:

Children’s religious freedom; Best interests of the child; Convention on the Rights of the Child; American Convention on Human Rights.

PAGES: 156
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This study deals with the perspective given to children's religious freedom in international human rights law, specifically the Convention on the Rights of the Child and the American Convention on Human Rights. This freedom is granted based on the understanding of the child as a subject of law, but parents are granted the choice of religious education in the CADH, just as we have the presence of the right to transmit their beliefs present in the Brazilian legal system. Having said that, the following question arises: are the rights enshrined to parents regarding the child's religious freedom complete and in line with the constitutionalism of international law? The hypothesis is raised that this is not a full right, since if granted an absolute right, it could violate the child's human rights, such as freedom of knowledge in schools and risk to life, as occurs in the case of a transfusion refusal. of blood. In this sense, this dissertation seeks as a general objective to investigate the new paradigms of children's religious freedom based on the constitutionalism of international human rights law. To achieve this, it is necessary to achieve these specific objectives: a) understand how human rights treaties are incorporated into the Brazilian legal system; b) compare how the conventions (Convention on the Rights of the Child – UN and the Inter-American Convention on Human Rights – OAS) and the Federal Constitution deal with children's religious freedom, and; c) analyze the child’s religious freedom and its applicability within the constitutional scope. This study's research methodology is explanatory and exploratory in nature, since there was bibliographical research, as well as analysis of international and national regulations. The justification for this work is due to the need to understand the limits of parental responsibility in matters of religious freedom. Regarding the results, we understand that the conventions are in line with the Brazilian legal system, since they were incorporated into this system. Furthermore, it is understood that the parents' rights are not complete, which will be limited due to the best interests of the child, and this interference should decrease with the increase in the child's capacity for discernment.

COMMITTEE MEMBERS:
Interna - 3229333 - ERICA VERICIA CANUTO DE OLIVEIRA VERAS
Interna - 1259912 - RENATA OLIVEIRA ALMEIDA MENEZES
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL