Navegando por Assunto "Corte Interamericana de Direitos Humanos"

Agora exibindo 1 - 7 de 7

Acesso aberto (Open Access)
Caso Ximenes Lopes vs. Brasil: responsabilidade do Estado e Ordem Jurídica Internacional
(Universidade Federal do Pará, 2007) TORRES, Gustavo Oriol Mendonça; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The human rights violation of people who suffer from mental issues was recognized by the Inter-American Court of Human Rights. The case Ximenes lopes Vs Brasil has reveled in which ways the State, who should be the biggest guardian of this groups’s rights, used do take actions of isolation, maltreatment in psychiatric hospitals that didn’t respect the human dignity. The conditions in which the death of Damião Ximenes Lopes happened, showed the inhuman and degrading actions that were wrongly taken in our country. The Inter-American Court besides determining the payment of pecuniary indemnity asked the Brazilian State to guarantee that theses violations won’t happen again. The Federal Govern, because of theses facts, has structured a process of uninstitutionalization of pacients in psychiatric institutions, which has brought great advances, but hasn’t represented the real necessity of people who need them. The evaluation of these programs reminds us the fundamental discussion about how the Inter-American System of Human Rights may supervise theses steps of non-repetition, contributing to a new view about people with mental issues.
Acesso aberto (Open Access)
Casos judicializados decorrentes da construção da usina hidrelétrica de Belo Monte
(Universidade Federal do Pará, 2015-09-25) SILVA, Mauricio de Jesus Nunes da; OLIVEIRA, Maria Cristina César de; http://lattes.cnpq.br/6570600503324199
The greatness of the hydroelectric project of Belo Monte, carried out under the argument of necessity of reinforcement of the country's energy matrix to ensure national development, generates many and undeniable socioenvironmental impacts in the region where it is located. As a result of these impacts, several lawsuits have been proposed whose purpose is the analysis of due compliance with the legislation that rules the environmental licensing procedure of the project, as well as the changes imposed on environment and on the lives of indigenous peoples and riverine of local cities. In this background, the present study aims to know how has positioned itself the Judiciary Branch when asked to manifest about the socioenvironmental conflicts caused by the operation of UHE Belo Monte, and likewise, whether the judiciary responses are compatible with socioenvironmental jurisprudence of the Inter-American Court of Human Rights. The study has a research subject a group of seventeen legal actions filed by federal prosecutors in the period from 2001 to the year 2014, that (still) are in progress in the Federal Justice. Comparing the judgments to the Inter-American Court of Human Rights's jurisprudence, it is clear that in several cases, was not adopted the perspective of this International Court concerning the rights to life, previous consultation, free and informed the indigenous peoples, access to justice, and about the precaution and the polluter pays's principies.
Acesso aberto (Open Access)
Compliance na corte interamericana de direitos humanos: um estudo a partir da propriedade comunal indígena
(Universidade Federal do Pará, 2016-02-05) NEVES, Rafaela Teixeira Sena; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
The objective of this study is to examine compliance with the judgments of the Inter- American Court of Human Rights cases involving violation of the territorial rights of Indigenous Peoples, with awards made between of 2001 to 2005. The study of cases Mayagna (Sumo) Awas Tingni vs. Nicaragua and Yakye Axa vs. Paraguay examines the jurisprudential construction of communal property, the Institute of compliance with the inter-American human rights system and the supervision stage of compliance with the judgments made by the Inter-American Court of Human Rights. Seeks to determine whether and how the mechanisms of this system interfere in cases compliance level. The empirical test as a methodology, relates a quantitative and qualitative analysis of compliance with the judgments repair orders. The findings allow us to consider the development of the monitoring mechanism of the system and re-evaluate their effectiveness in the affirmation of Human Rights of Indigenous People.
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 Ecologia política dos povos tradicionais na Corte Interamericana de Direitos Humanos: estudo de caso da sentença do Povo Saramaka vs Suriname
(Universidade Federal do Pará, 2023-06-28) CASTRO, Raylson Max da Silva; CAÑETE, Thales Maximiliano Ravena; http://lattes.cnpq.br/6291249974166783
Slowly and implicitly, the political ecology of traditional peoples is a theme that has been gaining relevance and notoriety in international forums, specifically and especially in the InterAmerican Court of Human Rights (CorteIDH – acronyum brazilian portuguese). As a PanAmazonian example, and using the political ecology of Bruno Latour (2004) as a theoretical framework, the Saramaka vs. Suriname case will be the main analysis of this dissertation work and the recognition by the IAHR Court of the Saramaka peoples' right to collective property over the land and it’s natural resources in their ancestral territory in the face of socioenvironmental degradation economic activities. The methodology followed a qualitative approach, with the type of basic research and with a descriptive research character, carrying out in the first moment the bibliographical research and in a second moment aiming at the realization of bibliographical surveys in the CAPES (acronyum brazilian portuguese) periodicals portal, besides using the documental research and the case study of official documents from the Organization of American States and the Inter-American Court of Human Rights. The objective was to explore the approaches adopted by the Court and how the protection of the rights of traditional peoples, including the right to consultation and to free, prior, and informed consent of the Saramaka people, was or was not achieved through Political Ecology. We conclude that the Court's decision in the Saramaka case is an important milestone in the protection of traditional peoples' rights in the Pan-Amazon region and highlights the importance of the political ecology approach in understanding and protecting these rights, where political ecology helps to understand and (re)make a socio-environmental reading about the realities of traditional peoples and their organic interrelationship with the land and it’s natural resources.
Acesso aberto (Open Access)
Pluralismo constitucional interamericano: a leitura plural da constituição de 1988 e o diálogo entre o supremo tribunal federal e a corte interamericana de direitos humanos
(Universidade Federal do Pará, 2015-10-19) MAGALHÃES, Breno Baía; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
The thesis argues for the Constitutional Pluralism as a theory better suited to describe and explain the interactions between the 1988 Federal Constitution and the American Convention on Human Rights. Said interactions present themselves through the precedents of both the Supreme Court and the Inter-American Court of Human Rights. The thesis posits the theoretical fragility and the contextual mismatch of approaches based upon the monism/dualism dichotomy. Constitutional Pluralism, in turn, suggests the heterarchical interaction between constitutional orders through reciprocal influences. The supralegalty of international human rights treaties and the deference to regional constitutional interpretations enables the 1988 Constitution and the American Convention on Human Rights, respectively, to influence the substantive content of the fundamental and human rights through the deliberative dialogue between precedents and by having the construction of the pro homine principle as an ideal interpretive guide shared by both. Although Constitutional Pluralism is to be considered the theory that justifies the plural reading of the Brazilian constitutional provisions, the Supreme Court, despite the citations of the Inter-American Court of Human Rights precedents, does not dialogue with them.
Acesso aberto (Open Access)
Violações de direitos humanos em contextos extrativistas na América Latina: a raça enquanto questão fundante
(Universidade Federal do Pará, 2022-01-21) SANTOS, Mariana Lucena Sousa; MAGALHÃES, Breno Baía; http://lattes.cnpq.br/0126393188779750; https://orcid.org/0000-0002-7183-2440
The dissertation analyzes race as the first criterion capable of explaining the prevalence of human rights violations in the context of essentially extractive business activities in the Americas. In order to do so, it resorts to the historical landmarks of the foundation of capitalism, as this system is the essential element to understand another great point: the racial division of labor and the Global North-South relations, present until the present day. In the peripheries, the capital accumulation strategies of the large companies of the North (center) involve, in addition to the great exploitation of the workforce, the appropriation of territories, given their interest in extracting large volumes of natural resources, the basis of the economies of the countries in the region. These elements are key to explaining the immense pressure suffered in the territories, whose populations, mostly Afro-descendants and indigenous people, deal with persistent violence, dispossession and power disparities. The work studies the jurisprudence of the Inter- American Court of Human Rights to investigate how this court has considered the racial issue in cases related to extractive activities that violate human rights, and concludes that the current framework of corporate accountability in international systems for the protection of human rights, of a liberal nature, it does not offer adequate response capabilities for reparation and guarantees of non-repetition of violations, given the very essence of capitalism. However, a racial intervention in the critical discourse on liberalism tends to present exit routes for the search for racial justice in the Americas.