Navegando por Assunto "Sistema Interamericano de Direitos Humanos"

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Acesso aberto (Open Access)
A atuação do sistema interamericano de proteção dos Direitos Humanos na defesa dos direitos econômicos, sociais e culturais
(Universidade Federal do Pará, 2011) TEREZO, Cristina Figueiredo; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
This following doctoral thesis aims to study the performance of the organs of the Inter-American Human Rights System regarding the protection and promotion of the economic, social and cultural rights. For this, the research starts with considerations about what would be such rights, analyzing and refuting theories and concepts that have tried to refuse them as Human Rights norms, which would have motivated the development of vague normative provisions and the absence of monitoring mechanisms as well, as had been planned for the scroll of the Human Rights group, called civil and political rights. In order to demonstrate that economic, social and cultural rights are part of a fully justiciable rights group, the thesis also examines elements that are commonly attributed to them, such as: such as progressive achievement, prohibition of retrogressive measures, maximum available resources and minimum core content, from what is developed by the United Nations Committee on Economic, Social and Cultural Rights, to thereafter present how the organs of the Inter-American System deal with such issues. Of the study of international norms and of the monitoring international system, that were specially built for the economic, social and cultural rights, are verified several levels of legal obligation, of which proposes a classification for the different mechanisms to the access of the regional Human Rights Protection System, which can be directed to the supervision of a jurisdictional organ or quasi-judicial, or by other means that also promote those rights and allow redress in case of violation. The different mechanisms are used by organs of the Inter-American System to protect the economic, social and cultural rights. Due to its importance, the Commission and the Inter-American Court of Human Rights have been studied by this following research, attributing focus on its performance to the rights protection concerned, as well as recent modifications in their functions and procedural rites.
Acesso aberto (Open Access)
A efetividade do Sistema Interamericano de direitos humanos: análise dos casos brasileiros na Comissão Interamericana de Direitos Humanos
(Universidade Federal do Pará, 2005) TEREZO, Cristina Figueiredo; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
The present research is about the effectiveness of the Inter-American Human Rights System with regard to Brazilian cases as well as the general situation of Human Rights violations in Brazil This study starts from presentation of Human Rights concepts and foundation, to analyze the consolidation of international protection with emergence of the systems for the promotion and garanty of Human Rights, in universal and regional levels, with emphasis on the Inter-American Human Rights System, over which it is made an analysis of its main organs: Inter-American Court and Commission. In the Inter-American Commission study, while describing its jurisdiction, admissibility requirements and course of individual petitions, it is presented Brazilian cases currently in the Commission, identified through the analysis of its annual reports, available in its electronic address. Herewith, it is envisaged the overall picture of the cases that are sent to Inter-American Commission, given that, as a rule, they do not exhaust domestic remedies, which is one of the admissibility requirements of individual petitions. Therefore, they are sent based on a exception, that is, the one of unwarranted delay of the domestic remedies to protect the violation of Human Rights occurred in Brazil, which makes the Inter-American System not a supplementary or coadjuvant body. In order to analyze the effectiveness of the Inter-American System for the promotion and garanty of Human Rights in Brazil, it is presented the monitoring that the Commission carries out since 1997, when it made Recommendations about the general situation of Human Rights violation, based on its in loco visit to the country in 1995; and with the analysis of Brazilian cases currently in Inter-American Commission, it is also identified which individual complaints originated Recommendations to Brazil and, thus, their relationship with public policies, legislative innovations and modifications that took place internaly.
Acesso aberto (Open Access)
A proteção do meio ambiente pela atuação do sistema interamericano de direitos humanos
(Universidade Federal do Pará, 2013) MÜLSTROH, Luciana Monteiro; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
This dissertation has as a background the relationship of environmental protection and Human Rights and aims to highlight how environmental protection comes into action within the work of the Inter-American Human Rights System, from the jurisprudence of the Inter-American Commission on Human Rights and Inter-American Court of Human Rights. Thus, precautionary measures of the Inter-American Commission on Human Rights and judgments of the Inter-American Court of Human Rights covering issues such as indigenous, afro-descendants, defenders of environment and natural resources, as well as and economic, social and cultural rights were selected and analyzed. In this context, the right to healthy environment is stated as a Human Right, which needs to be developed, for the other side increasing attention is focused on the environmental links to Human Rights. Further, this study addresses the issue of environmental conflicts, environmental justice, the integration the protection of Human Rights and environmental concerns well as exposes the functioning of the Inter-American Human Rights System, focusing on the American Convention on Human Rights, the Inter-American Commission on Human Rights and Inter-American Court of Human Rights. Thus, this study considers that the evolutionary and creative interpretation of rights under the American Convention on Human Rights protects the environment, gives an environmental dimension to the Inter-American Human Rights System, recognizes the right to healthy environment and enables Environmental Justice.