O peticionamento das vítimas de violações de direitos humanos no sistema convencional das nações unidas

Abstract

The United Nations Human Rights System is structured based on two sets of monitoring procedures : Conventional System or « Treaty-Bodies System » and Extra-convetional or « Charter-based Bodies System ». This dissertation study the first one and it scope to analyze the individual petition mechanisms, especially the Individual Communications. It starts from the central hypothesis that the variety of treaties, regulations and existing monitoring committees within the system can represent obstacles in the presentation of complaints by victims of human rights. Since only 6 (six) Brazilian cases were registered, the importance of this study lies in the need to demystify how victims access the Conventional Human Rights System, to expand their knowledge and use it as a viable alternative to the Brazilian society, every time the State fails to fulfill its duty to protect human rights. In this scope, the deductive and qualitative method of work were used, using bibliographical and documental analysis as research methodology, examining especially the jurisprudence of the Monitoring Committees, official documents and publications of the United Nations Organization. The study starts with exposing the Conventional Human Rights System, analyzing its formation and development, identifying the 10 (ten) monitoring committees or treaty bodies created over the years, as well as their monitoring mechanisms. Subsequently, the individual petition mechanisms are examined, analyzing the problem in terms of nomenclature, the processing of a petition presented in the Individual Communications procedure and in the Urgent Action mechanism, explaining its admissibility requirements. In the conclusion section, the jurisprudence of the monitoring committees with jurisdiction over Brazil is studied in a general and comparative way, as well as the 6 (six) registered Brazilian cases, analyzing, based on them, the difficulty, or no access to the system. In conclusion, the complexity of the Conventional System is revealed, which tends to cause obstacles to the access of victims of human rights