Burocracia e direito internacional: a Organização dos Estados Americanos (OEA) e a institucionalização, a disseminação e o monitoramento de normas de direitos humanos e de democracia

• Main Author: Lacerda, Jan Marcel de Almeida Freitas.
• Publication Date: 2015
• Format: Bachelor thesis
• Language: por
• Source: Biblioteca Digital de Teses e Dissertações da UFPB
• Download full: https://repositorio.ufpb.br/jspui/handle/123456789/12939
• topic: Direito Internacional; Burocracia Internacional; OEA; Democracia; Direitos Humanos; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Analyzes international organizations, which are understood as international bureaucracies, operating in international law and in international relations, especially the Organization of American States (OAS) in the institutionalization, dissemination and monitoring of human rights and democracy norms. Thus, it is based on two central arguments: fields of knowledge such as International Law and International Relations are interdisciplinary; and, among the applicability of International Relations Theories in international law issues, the constitutive approach to international actors provides better understanding of the role of international organizations at present, mainly by explaining how actors are made up and their integration in social contexts. Therefore, at first, it is intended to highlight the interdisciplinary nature of this field of knowledge, with particular emphasis on the support that International Relations provide to studies of international law. Thus, this paper adopts the constructivist perspective of international relations as a better explanation of the operations of international organizations, through a post-Weberian understanding of rational and autonomous social structure, with its own behavior and trends. Then, the research applies theoretical approaches to the understanding of the OAS and its normative influence in the creation of international law (or inter-American law), as well as restricts its analysis to one of the thematic areas: defense of democracy. This paper investigates democratic constitution through the bureaucracy, political and legal instruments of the OAS. Finally, it observes the second thematic area: analysis of the construction of the Inter-American Human Rights System (ISHR) and the bureaucratic performance of its judicial bodies, since institutional gains of the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACHR) provide autonomy and authority to activities and functions of these bodies in protecting human rights. To achieve the aim of this research, the methodology is based on approaches of deductive method and procedural history, comparative and empirical. Also, it is a qualitative research and based on literature reviews, analysis of documents and speeches. From theoretical contributions of International Relations and International Law, and empirical observation of norms in human rights and democracy, this course completion assignment observes the bureaucratic influence of the OAS with autonomy, and political and legal authority in the two thematic areas of study.