Detalhes bibliográficos
| Ano de defesa: |
2012 |
| Autor(a) principal: |
Magalh??es, Vanessa de P??dua Rios
 |
| Orientador(a): |
Medeiros, Ant??nio Paulo Cachapuz de
|
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Universidade Cat??lica de Bras??lia
|
| Programa de Pós-Graduação: |
Programa Strictu Sensu em Direito
|
| Departamento: |
Escola de Humanidade e Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Área do conhecimento CNPq: |
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| Resumo em Inglês: |
This dissertation has as its theme the internal effectiveness of international treaties on human rights. It analyses the perception of the Brazilian judiciary in relation to the application of international protection to those rights in order to verify the degree of efficacy attached to them, specifically those such as the Pact of S??o Jos?? da Costa Rica, were ratified before the Constitutional Amendment 45, when no special quorum was required for their entry into force. With the addition of ?? 3 of art. 5 of the CF, the human rights treaties have been given the status of constitutional provision, but controversies have arisen about the effectiveness of those signed before this constitutional amendment. The Supreme Court has changed their understanding on the hierarchy of such international agreements, developing the thesis that testified to his status as the common law to the current law, which gives them the standard of supra-legal status, therefore under the Federal Constitution, but above the ordinary laws. By the year 2006, the Supreme Court considered that international treaties held the status of ordinary law. The judgments delivered from 2006 divided the plenary of the Supreme Court in two main streams: one that gives human rights treaties ratified before EC/45 standard of supra-legal status and another that claims that they hold the status of constitutional law, according to what was already at its disposal in ?? 2 of art. 5 of the CF, which was already inserted in such treaties called constitutional block. Winning the first stream, by a majority of one (1) vote, it is observed that there is possibility of reversing the current situation and thus in future, to be winning the thesis that gives human rights treaties, whether ratified before EC/45 or after that, the effectiveness of the constitutional provision. The recognition by Brazil of the jurisdiction of the Inter-American Court of Human Rights has influence in the highest degree of effectiveness of internal human rights treaties. |
| Link de acesso: |
https://bdtd.ucb.br:8443/jspui/handle/tede/2298
|
Resumo: |
This dissertation has as its theme the internal effectiveness of international treaties on human rights. It analyses the perception of the Brazilian judiciary in relation to the application of international protection to those rights in order to verify the degree of efficacy attached to them, specifically those such as the Pact of S??o Jos?? da Costa Rica, were ratified before the Constitutional Amendment 45, when no special quorum was required for their entry into force. With the addition of ?? 3 of art. 5 of the CF, the human rights treaties have been given the status of constitutional provision, but controversies have arisen about the effectiveness of those signed before this constitutional amendment. The Supreme Court has changed their understanding on the hierarchy of such international agreements, developing the thesis that testified to his status as the common law to the current law, which gives them the standard of supra-legal status, therefore under the Federal Constitution, but above the ordinary laws. By the year 2006, the Supreme Court considered that international treaties held the status of ordinary law. The judgments delivered from 2006 divided the plenary of the Supreme Court in two main streams: one that gives human rights treaties ratified before EC/45 standard of supra-legal status and another that claims that they hold the status of constitutional law, according to what was already at its disposal in ?? 2 of art. 5 of the CF, which was already inserted in such treaties called constitutional block. Winning the first stream, by a majority of one (1) vote, it is observed that there is possibility of reversing the current situation and thus in future, to be winning the thesis that gives human rights treaties, whether ratified before EC/45 or after that, the effectiveness of the constitutional provision. The recognition by Brazil of the jurisdiction of the Inter-American Court of Human Rights has influence in the highest degree of effectiveness of internal human rights treaties. |
