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The influence of the Inter-American Human Rights System in the process of consolidation of the Brazilian Democratic State of law

Grant number: 16/04933-0
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): October 01, 2016
Effective date (End): September 30, 2017
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal Investigator:Enrique Ricardo Lewandowski
Grantee:Beatriz Canhoto Lima
Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The historical events guided by the debasement of human rights fostered contestatórios movements at the international level to ensure the effective protection and promotion of the human being. In fact, the Inter-American human rights System plays an important role in promoting the defence of human rights, radiating effects in the domestic scope of their Member States, including Brazil. In this perspective, the present investigation takes the problem expressed in the following question: what is the influence of the Inter-American human rights System in the process of consolidation of the brazilian democratic State of law. Thus, establishes as central objectives: identify the past condemnations concerning Brazil in the Inter-American Court of human rights with the scope to analyze how the institutionalization and the judged of this Court provided grants for the consolidation of the brazilian State in the light of its constitutional underpinnings. The research of qualitative nature and descriptive-analytical nature adopts as methodological procedures: a literature review and document analysis, through case-law research of Inter-American Court and Federal Court of Justice, legislative analysis in the domestic scope and lifting of public policies made with the aim of answering the demands listed by the court, in the brazilian context. Expected results: unveiling the impacts of Inter-American human rights System in the process of consolidation of the brazilian the Democratic State of Law.