Navegando por Orientadores "RIBEIRO, Cristina Figueiredo Terezo"

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Acesso aberto (Open Access)
Adoção internacional: o melhor interesse da criança e seu direito fundamental à convivência familiar em face da subsidiariedade
(Universidade Federal do Pará, 2021-06-29) FURTADO, Maria Marlene Escher; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670
The thesis presented deals with International Adoption from the perspective of the best interest of the child and his/her fundamental right to family life confronting its subsidiarity in Brazilian legislation. The problem raised in this research was: “to what extent does the subsidiarity of international adoption in Brazil affect the realization of the child's right to family life in the perspective of child’s best interest?”. The objective was: “to investigate the obstacles to international adoption and obstacles to effective family life in the perspective of the principle of subsidiarity”. The method used was the deductive one and the techniques were bibliographic research; jurisprudential, via decisions of the Third Panel of the STJ; and the field, where visits and semi-structured interviews were carried out with the Federal Central Administrative Authority, State Judicial Commissions of International Adoption in the states of Pará, Ceará, Rio de Janeiro, Santa Catarina, Rio Grande do Sul, and Mato Grosso do Sul, and also, forms were applied, via e-mail, to the State Judicial Commissions for International Adoption from all over Brazil, to ACAF, in Courts of Childhood and Youth, State Prosecutor's Office, as well as in bodies accredited to act in international adoption. The main results found were: that the current Brazilian legislation puts international adoption as the last resort and, thus, does not guarantee the effectiveness of the child’s right to family life in a situation of adoptability; that from the analysis of the decisions of the STJ, the best interest of the child is family life, with its institutionalization being the last resort; and that from the analysis of the interviews and applied forms, it was found that most professionals do not consider subsidiarity to be an obstacle; however, it was identified that professionals with longer experience in international adoption understand differently, arguing that subsidiarity “runs against time” and delays the child's adoption process. The conclusion reached was that insofar as the subsidiarity principle places international adoption as a last resort, the fundamental right of the child to family coexistence is not taken into account in view of his/her best interest in being raised and developed in the midst of a family that cares and loves the child.
Acesso aberto (Open Access)
Controle judicial de convencionalidade no Tribunal de Justiça do Estado do Pará
(Universidade Federal do Pará, 2015-06-29) ALAMAR, Edgar Moreira; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670
This thesis, based on the institution of conventionality control evolution as international obligation for the member states of the American Convention on Human Rights, aims at assessing to what extent the Court of Justice of Pará is fulfilling (or not) this obligation in the adjudication practice. In the performance of this desideratum, the starting point was the investigation of the aforementioned institution origins, its jurisprudential developments in the Inter-American Court of Human Rights, determining the current and minimum parameters for the proper practice of this obligation. It was verified the Inter-American Court of Human Rights current understanding regarding the right to reasonable period of time under Article 8.1 of the American Convention on Human Rights, analyzing the first decisions which faced the issue, as well as the trials concerning the subject, conducted in the years 2013 and 2014, in order to identify the minimum criteria for the mentioned right effectuation, thus making them compatible with the arguments contained in the habeas corpus decisions tried by the Court of Justice of Pará, which faced this theme in the years 2013 and 2014. The results revealed that the Court of Justice of Pará, in the analysis of the right to reasonable time proceeding, uses similar criteria to the ones established in the Inter-American Court jurisprudence, notwithstanding, the Court does it in an inconstant way, with no reference to the American Convention on Human Rights or to the Inter-American Court jurisprudence. In face of this finding, it was concluded that, in the investigated decisions, the Court of Justice of Pará is not complying the obligation to control the conventionality, enabling the accountability of Brazil for the breach of international obligation.
Acesso aberto (Open Access)
Desaparecimento forçado de pessoas e a jurisprudência da corte interamericana de direitos humanos
(Universidade Federal do Pará, 2015-03-30) SILVA, Douglas Tarcisio Reis da; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670
This study analyzes the treatment given by the Inter-American Court of Human Rights on the practice of enforced disappearance of persons, and its relation with the process opening and consolidation of democracies in Latin America. To get in such a discussion, initially deals with the configuration and operation of the Inter-American System of Human Rights Protection, with emphasis on the jurisdictional body: the Inter-American Court of Human Rights, in order to understand the role of this body in the protection against Human Rights violations in the States Parties of the American Convention on Human Rights. After that, the study focuses on the phenomenon of enforced disappearance in Latin America, analyzing its role within the dictatorships, the challenges faced in the transition phase to the democracy - such as guaranteeing the right to truth and the amnesty laws – and, finally, the current challenges around the theme of disappearances in the consolidation of new democracies. After the analysis of these two aspects, the dissertation discusses the jurisprudence of the Inter-American Court on enforced disappearance of persons, revealing the Court’s different forms of approach, according to the challenges identified in three phases: dictatorship, transition to democracy and consolidation of democracy.
Acesso aberto (Open Access)
A liberdade de expressão e o crime de desacato no Brasil à luz do sistema interamericano de direitos humanos
(Universidade Federal do Pará, 2023-03-28) FONSECA, Maria Eduarda Dias; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670
Considering the importance of the right to freedom of expression for the consolidation of a democratic society, especially regarding the democratic control of state activities, there is a need to discuss the understandings concerning this right and the ways in which it can be restricted. In this sense, the purpose of this research is to study the content of the right to freedom of expression in light of the Inter-American System of Human Rights. On this basis, the aim is to observe the understandings of the Inter-American Court of Human Rights and the Inter-American Commission of Human Rights regarding freedom of expression, defining its content and the criteria listed so that its restriction does not constitute a violation of human rights, seeking to understand the points in which the understandings of these bodies converge or diverge, which can be better observed when it comes to the use of criminal means as a way to restrict freedom of expression. . Subsequently, the aim is to analyze whether the crime of contempt as typified in Brazilian law is compatible with the protection of freedom of expression. In order to observe how the international provisions on the subject are applied in domestic law, the arguments used by the Federal Supreme Court in ADPF 496/2020, which deals with the conventionality of the offense of contempt, will be studied in order to analyze whether they are consistent with the protection of freedom of expression and with the understanding of the Inter-American System. Thus, this study aims to answer the following research problem: what is the position of the bodies of the Inter-American System of Human Rights on the right to freedom of expression and the use of criminal means and how does the Federal Supreme Court use this understanding to decide on the conventionality of contempt in ADPF 496/2020? This will be done by using bibliographic research, in order to help define the concepts, and documental, especially through the analysis of documents from the Inter-American System, focusing on the Court sentences that deal with the protection of freedom of expression and the respective merit reports from the Commission.
Acesso aberto (Open Access)
Meios de garantir o cumprimento às sentenças da corteidh: uma análise a partir das condenações do estado brasileiro
(Universidade Federal do Pará, 2021-02-05) FRANCO NETO, Laércio Dias; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670
The thesis addresses the internal means for the Brazilian State to guarantee, in an institutional manner, compliance with the judgments of the Inter-American Court of Human Rights. Through quantitative and qualitative empirical research methodologies, 07 decisions were analyzed that identified the factors that led Brazil to comply or not comply with the decisions, pointing out institutional solutions that guarantee respect for the measures of the inter American court. During the development of the thesis, the reasons that influenced its implementation were verified in each repair measure. The thesis demonstrates that Brazil has a satisfactory level of compliance with some measures, while having difficulties in internalizing others, especially due to bureaucratic / political and domestic law issues. The thesis deals not only with procedural / procedural issues, but also with substantive law itself, since failure to comply with the judgment of the Inter-American Court constitutes a violation of human rights provided for in the American Convention. The thesis aimed to reaffirm the importance of complying with the judgments of the inter-American court as a means of implementing Human Rights, through international jurisdiction, as well as national jurisdiction, with institutionalization mechanisms in the Brazilian legal system.
Acesso aberto (Open Access)
Uma proposta de modelo de responsabilidade ulterior ao dano da liberdade de imprensa na democracia brasileira
(Universidade Federal do Pará, 2022-01-21) MASCARENHAS, Diego Fonseca; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670
This thesis intends to critically analyze how press freedom is approached in the Brazilian legal system, based on the study of the insufficiency of the responsibility model after the harm to the communication channels proposed in ADPF n. 130/2009, judged by the Federal Supreme Court, due to this conception that any law to regulate the media activity automatically implies in the risk of prior censorship. Thus, the thesis starts from the consideration that the absence of law in Brazilian legal is detrimental to the rights of civil personality for the citizen, as well as being unfavorable to the media, because it promotes legal uncertainty without instituting what are the normative definitions for the broadly-broadcast sectors of news that become more exposed to receiving convictions in the Judiciary. In this context, the model of ulterior responsibility for harm of the Inter-American Court of Human Rights is proposed, to determine normative guidelines in the restriction of free speech, which can occur as long as it is proportional, with clear legal criteria and with respect to the principles democratic. The thesis aims to expose, from Alexis de Tocqueville and Habermas onwards, the origin of press having a strong connection with democracy in order to demonstrate the reason for the judicial reasoning of the STF and the Inter-American Court to associate the press with democracy. In order to analyze the development of communication channels and their relationship in the public space, the study of how news dissemination media are understood from the point of view of media, mediation and mediatization is developed. The concept known media is approached by McCombs' Agenda Theory, which is based on the pre-selection process of the data that will be conducted to the public space and the way in which they will be interpreted, while the sense of mediation from Thompson makes up the media news as a transmission center not only for facts, but also for values, culture and education. Further on, the thesis positions the emergence of mediatization of data flow channels through Muniz Sodré and Fausto Neto, as it states that the receiver of information is no longer a passive subject to actively participate in the communication process, which shows change perspective of the traditional concept of journalism when there is participation of people within the language of the editorial board. Finally, all the decisions about free speech of the Inter-American Court are exposed to examine what the criteria are when establishing limits for the exercise of free circulation of thoughts and news in democracy, in order to serve as a legal parameter for the Brazilian legal system.