O princípio da prevalência dos direitos humanos na Constituição Federal de 1988

• Ano de defesa: 2021
• Autor(a) principal: Jungmann, Luiza Greenhalgh
• Orientador(a): Pimentel, Silvia
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Direitos humanos; Dignidade (Direito)
• Palavras-chave em Inglês: Human rights; Respect for persons - Law and legislation
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/24074

The work will discuss the impact of the principle of the prevalence of human rights since its promulgation in the 1988 Constitution, as a precept to rule Brazil's foreign relations. The research is justified, since this principle represents the opening of the Brazilian legal system to the international system for the protection of human rights, marking the transition from a dictatorial regime to a Democratic State of Law, and there are few academic works that have specifically focused on it. Initially, basic concepts will be worked out to understand the principle that affects us, such as those of "Human Rights", "International Human Rights Law", "Supremacy of the Constitution" and "Legal Principles”. Having made this panorama, we will proceed to the analysis of the principle of the prevalence of human rights itself. At this point, we will demonstrate the intense relationship between this principle and the principle of human dignity found in the first article of the constitutional text. In fact, as we shall see, the principle of the prevalence of human rights is so closely linked to the principle of the dignity of the human person that it is included in Article Four of the Constitution. Then, we will discuss the article of the Constitution where the principle of the prevalence of human rights is found, presenting doctrinal considerations about this precept. Based on this study, we will discuss in more depth the developments that are also national of the principle, and of their consideration when in eventual conflict with other legal principles; we will also see the very close relationship between the principle of the prevalence of human rights and the reception of international human rights treaties. Once the main doctrinal aspects about the principle that is the object of this dissertation are addressed, we will see how it is admitted to Brazilian jurisprudence, especially in the Federal Supreme Court and the Superior Court of Justice. Therefore, we will consider the already mentioned and strong relationship between the principle of the prevalence of human rights and the principle of human dignity, and we will focus on the references expressed to the principle of the prevalence of human rights in the referred Courts. Finally, taking into account the internal implications of the principle of the prevalence of human rights, we will think about how to make it more effective in Brazil. In this way, we will present some challenges that still hinder the full realization of the principle, such as the still lack of integration of important international human rights standards into the Brazilian legal system, and social challenges that remove the dignity of millions of individuals mainly for gender reasons and race, in addition to the deep Brazilian economic inequality. We will analyze the main norms linked to these social challenges and present alternatives to reverse them, in order to give greater compliance to the principle of the prevalence of human rights