Título: | THE INTERACTION BETWEEN INTERNAL AND GLOBAL LEGAL ORDER: A CASE STUDY OF IMPLEMENTATION OF INTER-AMERICAN COURT OF HUMAN RIGHTS DECISIONS IN BRAZIL | ||||||||||||
Autor: |
ELISA MARA COIMBRA |
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Colaborador(es): |
MARCIA NINA BERNARDES - Orientador |
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Catalogação: | 26/OUT/2016 | Língua(s): | PORTUGUESE - BRAZIL |
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Tipo: | TEXT | Subtipo: | THESIS | ||||||||||
Notas: |
[pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio. [en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio. |
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Referência(s): |
[pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=27775&idi=1 [en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=27775&idi=2 |
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DOI: | https://doi.org/10.17771/PUCRio.acad.27775 | ||||||||||||
Resumo: | |||||||||||||
The implementation of the decisions of the IACHR in Brazil is the central
theme of this work. The goal is to understand the apparent contradiction between
efforts by states creating treaties and developing international regimes for the
protection of human rights and their corresponding inefficiency in meeting
internally the judgments issued by the Court. Inductively, the first observation
was that empirically there is no continuity between the domestic and international
legal systems, exactly hindered by the actions of the state. Therefore, it is
necessary to study further deepen political organization of the state itself, as an
attempt to find a justification for blocking of the state in compliance with the
judgments of the IACHR, since in neither case were the express declaration of
compliance sentences . Therefore the theoretical considerations of Tilly (1996) is
explored, whereby the states would enroll own political careers, not necessarily
following the same steps in Europe. Furthermore, in accordance with the
theoretical arguments of the author, to which the war would be an important
catalyst for policy change in state, it is possible to attribute special importance to
the historical developments of World War II, in order to be the most important last
war with deeper and more comprehensive impact . Associating with Tilly s theses
changes resulting from the Second World War, it is theoretically possible to
identify at least two factors that have influence in implementing the decisions of
the judgments of the Court. The first one is related to the incorporation of
institutions , derived from the European model of state formation in very different
circumstances and the second associated with the relationship between state and
population / people / citizens. After these findings, specific cases of condemnation
against Brazil were analyzed as well as the measures taken one by one . The
objective becomes, then, to understand the problem first proposed from theoretical
foundation presented.
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