Os tratados internacionais sobre direitos humanos incorporados ao direito brasileiro e a Constituição Federal/88

• Ano de defesa: 2009
• Autor(a) principal: Brasileiro, Eduardo Tambelini
• Orientador(a): Smanio, Gianpaolo Poggio
• Banca de defesa: Siqueira Neto, José Francisco , Shimura, Sergio Seiji
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Presbiteriana Mackenzie
• Programa de Pós-Graduação: Direito Político e Econômico
• Departamento: Direito
• País: BR
• Palavras-chave em Português: direitos humanos; direito interno; influência; instrumento modelador; justiça; solidariedade; tratados internacionais
• Palavras-chave em Inglês: domestic law; human rights; influence; international treaties; justice; shaping instrument; solidarity
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://dspace.mackenzie.br/handle/10899/23977

This thesis covered the influence of human rights in relation to the international treaties merged in the Brazilian law. For this to be achieved, the evolution of human rights was highlighted, as well as its importance and reflection in the national and international setting. In the Brazilian law, human rights are fundamental in a society that is considered impartial and is characterized by solidarity, being strictly defended by the Federal Constitution of 1988. In the international setting, this situation was not different. The human rights have been proved to be a powerful shaping instrument of the sovereign States, setting the limits and boundaries to be followed as the way of elevating the human being as the heart of the international legal system. Facing the importance and relevance of the international treaties, the conventional phenomenon and its integration in the domestic law have been studied. Therefore, the main concern of this project was to make evident the reflex of the defense of human rights in the analysis of relations between the international and domestic legal systems, emphasizing the existence of antimonies between them and also their solutions, especially those regarding the existing conflict between Brazil s Federal Republic Constitution of 1988 and the Pact San Jose of Costa Rica, concentrating on the possibility of civil arrest caused by indebtedness. This treaty was rightly validated in Brazil and it examines the human rights issue. Through a bibliographical research on this normative conflict, criteria were obtained in order to be used as a solution for the antinomy between the national law and the international treaty. The Constitution of 1988 acknowledges the hypothesis of civil arrest for the unfaithful trustee. However, the Pact of San Jose of Costa Rica does not grant it. The analysis of this conflict is highlighted by its solution achieved by specific criteria related to human rights, since the Pact of San Jose of Costa Rica is an international treaty that considers these rights, and that it has a distinctive judicial hierarchy granted by the Federal Constitution itself. The results and conclusions show that the procedure that favors the individual is the one that prevails, being this the international treaty, since it has been granted a constitutional hierarchy. However, this positioning deals with a divergence in its doctrine and legal system.