Detalhes bibliográficos
| Ano de defesa: |
2025 |
| Autor(a) principal: |
Mendes, Carlos Eduardo
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| Orientador(a): |
Sayeg, Ricardo Hasson
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/44069
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Resumo: |
Theme. The present research deals with the analysis of the application of the Theory os Humanist Capitalism, in the implemetation of the Controlof Conventionality, instituted by Recommendation Nr. 123/2022 of the National Council of Justice. Problematic. As a research problem, the following question is asked: what is the relationship between Quantum Physics and Law, especially in the hermeneutics of Human Rights? Would there be an intersection between the exact sciences and the humanities, capable of giving the jurist a valid scientific method? Objective. To investigate the intersection between Quantum Physics and Law, particularly with regard to the hermeneutics of Human Rights, and to understand how these areas can offer a valid scientific method for the legal field, focusing on the protection of fundamental rights and the balance between capital and the individual's life project, especially in an international view, focusing on the application of the Theory of Humanist Capitalism, in the implementation of conventionality control, established by the National Council of Justice, through Recommendation Nr. 123, of January 7, 2022.Methodology. The quantum deductive method is adopted, because everything that happens in the world results from the sub-atomic particles of the Standard Model, as fundamental elements that Interact according to its rules and equations. Conclusion. It is concluded from de research that the planetary realization of Quantum Law and Humanist Capitalism are the effective and universal means for the reflection of the International Hermeneutics of Human Rights from Recommendation Nr. 123/2022, of the National Council of Justice, called Conventionality Control, in order to materialize the obligation of the Brazilian Judiciary in the application of Human Rights treaties, of which Brazil is signatory, in addition to the jurisprudence of the Inter-American Court of Human Rights, as well as doctrinally influencing the InterAmerican Court of Human Rights, in order to attract the adhesion of countries to its international jurisdiction, given the universal ethical aspects, based on virtuosity and fraternity |
