Banca de DEFESA: MARTHA LORENA FERNANDES DA COSTA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MARTHA LORENA FERNANDES DA COSTA
DATE: 31/10/2024
TIME: 17:30
LOCAL: Ambiente virtual ( https://meet.google.com/dkr-xafh-khy )
TITLE:

THE (NECESSARY) CONVENTIONALIZATION OF PENAL EXECUTION IN BRAZIL: a study according to the Inter-American System

KEY WORDS:

Human Rights; Inter-American System; Criminal Execution; Prison System; Conventionality Control.

PAGES: 243
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Despite the extensive regulation within the Brazilian legal framework, a series of occurrences still highlight structural disarray within the national prison system, which records numerous routine violations of human rights protected by the Inter-American Human Rights System (IAHRS). This leads to the guiding question of this research: "Have Brazilian courts, in their decisions, facilitated the realization of human rights for incarcerated individuals, particularly those stemming from the Inter-American System?" As a methodological approach, this research focuses on the decisions of the following courts: the Supreme Federal Court (STF), the Superior Court of Justice (STJ), the Federal Regional Court of the 5th Region (TRF5), and the Court of Justice of Rio Grande do Norte (TJRN). The aim is to present considerations on the situation of incarcerated individuals in Brazil, observing the current state of affairs. Next, the norms that protect the human rights of this group are outlined, starting with the UN System, the Inter-American System, and domestic legislation. Finally, the application of human rights standards for incarcerated individuals by the Brazilian judiciary is analyzed. This is accomplished through a bibliographic and jurisprudential research model, utilizing a qualitative-quantitative analysis of the content derived from the decisions issued by the aforementioned courts, using their respective official consultation websites. The temporal framework includes jurisprudence from January 11, 2022, which coincides with the publication of Recommendation No. 123 by the National Justice Council (CNJ), aimed at alerting Brazilian judiciary bodies to the observance of international human rights treaties and conventions, as well as the use of jurisprudence from the Inter-American Court of Human Rights. The study is also based on CNJ Resolution No. 364, the National Pact of the Judiciary for Human Rights, which addressed a set of measures established to promote human rights within the judiciary. The importance of this research lies in the need to discuss the realization of rights for individuals deprived of liberty, in relation to the UN Sustainable Development Goal (SDG) No. 16. The findings indicate that, despite some small advances in the promotion and realization of human rights by the judiciary, the Brazilian state only partially fulfills its internationally agreed obligations regarding the subject of study, considering the Unconventional State of Affairs of the Brazilian prison system and the ongoing violations that undermine human dignity, such as lack of infrastructure and medical assistance, prison overcrowding, absence of public policies, as well as the presence of torture and arbitrary practices as a routine in prisons. Therefore, there is a persistent omission by the state regarding the essential rights of this vulnerable population, highlighting the need for the realization of these inter-American standards by the country's courts.

COMMITTEE MEMBERS:
Externa à Instituição - NATALIA SIMÕES BENTES
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA
Interno - 1149384 - WALTER NUNES DA SILVA JUNIOR