Detalhes bibliográficos
| Ano de defesa: |
2019 |
| Autor(a) principal: |
Oliveira, Ana Carla Vastag Ribeiro de
 |
| Orientador(a): |
Guimarães, Antonio Márcio da Cunha |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso embargado |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
|
| 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://tede2.pucsp.br/handle/handle/22042
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Resumo: |
The present study proposes to present to the reader the tension between the understanding that Political Rights as Human Rights are Natural Rights and inherent to human beings, as affirmed in the Universal Declaration of Human Rights, and therefore descendants of Jus Naturalism, and the understanding which are rights deriving from historical achievements, and therefore, constructions of civilization. Is there a process of internationalization, or universalization, not yet completed? Whatever the understanding in attempting to answer the question, Human Rights has gone down a path of great relevance and complexity, and the first chapter contributes to the possible responses. It also presents the delimitation of political rights as the first human rights, and their correspondence with political activities - here a dichotomy of political rights is established in assets and liabilities, these being subdivided into firstgeneration and second-generation rights, forms of governance and models of political representation that allow a clear demonstration of what is defended. It will not be a question of political ideologies because it is possible, in all cases, to insert the purpose of the research, protected by the very reflexive consequence of the Political Rights, given the freedom inherent to them. The study also presents itself in a comparative way and how the development of the Political Rights in the diverse representative systems, and applicability in the internal norms - here dealing on monism and dualism - of the major economic warlike powers takes place. It deals with human rights organizations, their courts and the economic and military influence in guaranteeing these rights. Again there is tension arising from human rights violations, the need to rectify the Treaties of Fundamental Rights - here inserted the passive Political Rights - of the first dimension, and the repercussion on the effectiveness of the Treaties and specific International Organizations of Civil and Political Rights. The conclusion, as an innovative propositional thesis, allows the defense of passive Political Rights as Human Rights of the first dimension, being Natural Law capable of producing effects, and from the necessary repercussion in the legal world to establish obligations to the International Organizations of proactive action by of its members and monitoring by the diplomatic corps of the states and sovereigns, regardless of their provocation, allowing prophylactic action capable of anticipating actions which, in the current system, only occur after the occurrence of atrocities, exterminations and genocides never avoided by documents has no efficacy against the evil of humanity, revanchism and extremist nationalism. Finally, to demonstrate the possibility of giving effect to the International Treaties establishing Political Rights as Human Rights and the principles that established the creation of the International Organizations to protect these rights, without the necessary ratification or affiliation of the State or Sovereignty that violates them, acting prophylactically |
