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Tese
Meios de garantir o cumprimento às sentenças da corteidh: uma análise a partir das condenações do estado brasileiro
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...
Autor principal: | FRANCO NETO, Laércio Dias |
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Grau: | Tese |
Idioma: | por |
Publicado em: |
Universidade Federal do Pará
2023
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Assuntos: | |
Acesso em linha: |
http://repositorio.ufpa.br:8080/jspui/handle/2011/15489 |
Resumo: |
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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. |