Jurisdição Constitucional internacional: O Acesso à Corte Interamericana como Garantia Constitucional

• Autor(a) principal: Ramires, Rosana Laura de Castro Farias
• Data de Publicação: 2006
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/7361
• topic: Direito à justiciabilidade internacional dos direitos humanos; Direitos humanos; Tribunais constitucionais; Jurisdicao (Direito internacional); Right to international justiciability of human rights; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO CONSTITUCIONAL

The right to international justiciability of human rights is the main subject of this thesis, which analyses if the protection given by the Inter-American Court of Human Rights is a constitutional fundamental right and, therefore, an obligation that Brazilian state is dutybound to. The right to international justiciability of human rights lies between the most recent themes concerning international human rights recognized by Brazilian legal system. Seven years ago, after the recognition of the compulsory jurisdiction of the Inter-American Court of Human Rights, for the first time it was designed a proper and understandable procedure of demandable international rights in case there was violation of conventional rules Brazil is compromised with. In the present thesis, the right to international justiciability of human rights and the acceptance of the compulsory jurisdiction of the Inter-American Court of Human Rights figure among the premises which provide a basis for the appearance of what is called international constitutional jurisdiction. Our research examines the international constitutional jurisdiction concept commencing from the Constitutional Law overture to the international legal system of protection of human rights that occurred given to the conjugation of the ideals of constitutionalism and internationalization of human rights and also to the Constitution of 1988 normative structure and set of principles. From this perspective, this study is divided in three parts: the first one concerns the close relation between the fundamental bases of constitutionalism and human rights; the second one gives special attention to the expansion of international jurisdiction of human rights, focusing specifically on the justiciability of this group of rights in the view of the Inter- American Court of Human Rights; and the last one is the nuclear cell of this research, which is concentrated on constitutional nature of the access to the international jurisdictional protection of human rights as a fundamental guarantee and, for this reason, a state duty, evidencing the legal effect of this recognition on international and national ambit.