Detalhes bibliográficos
| Ano de defesa: |
2016 |
| Autor(a) principal: |
Pinheiro, Flavia de Campos
 |
| Orientador(a): |
Araujo, Luiz Alberto David |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| 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 Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| 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/19380
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Resumo: |
The work deals with the protection of persons with disabilities. The theme is multifaceted. You can approach it in several ways: assistance, sociological, legal, medical. The need for protection stems from several areas. Thus, we intend to study it under a constitutional approach, in correlation with a right constitutional, fundamental, that protects (or can protect you) effectively. These are the associations created with the purpose of protecting people with disabilities. The purpose of this study is to analyze the treatment given by Brazilian law to procedural instruments of collective protection of rights used by associations as well as to what extent these instruments can contribute to the realization of the rights of persons with disabilities. Therefore, the first part of the work, we analyze the constitutional elements that support the protection of persons with disabilities. However, we need from a line of reasoning, and from that line drive our argument in a logical and consistent manner in order to demonstrate our thesis, namely, the need for protection of a group of people who, by their vulnerability, you need a closer look. Depart, then, the desire for justice. In this sense, the Constitution is replete with principles and rules which confer rights that lead to this purpose. Therefore, in this first part, we will work with the fundamental principles that underlie the inclusion of people with disabilities, and the fundamental rights of both the constitutional and international point of view. Later, entering the central theme, studying freedom of association, a fundamental right, will be sought to demonstrate how associations can, through legal and constitutional instruments, protect people with disabilities. That is, the study aims to assess the dynamics of the relationship between the protection of rights of persons with disabilities and the role of associations in this mister, through the procedural instruments of collective protection available to them. In this analysis, necessary to consider whether the 1988 Constitution, to establish a system of rules and principles to ensure equal values, democracy, human dignity, social justice and solidarity, contributed to the inclusion of people with disabilities, and the role and the effectiveness of associations in this endeavor .In this sense, look up will study the principiológico apparatus of the Constitution, which contributes to the process of inclusion of people with disabilities. This analysis will be complemented by the study of procedural feature (instrumental) the right of association, based in the procedural instruments of collective protection of rights, in order to try to demonstrate to what extent the Constitution instrumentalizes associations defense effectively rights. This instrumentation is necessary, but essential, to the implementation of the rights of persons with disabilities. In this sense, it will be analyzed, the way in which these instruments are able to strengthen the defense of this vulnerable group of people. But if in theory want to demonstrate that associations act as effective instrument of the rights of persons with disabilities, it remains to be seen whether the practice is tuned to the theory |
