Navegando por Assunto "Brazilian cases"

Agora exibindo 1 - 1 de 1

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.