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A qualitative analysis of the Convention on the Rights of Persons with Disabilities on the decisions of the Federal Regional Court of the 3rd Region

Grant number: 19/18122-1
Support Opportunities:Scholarships in Brazil - Scientific Initiation
Effective date (Start): January 01, 2020
Effective date (End): December 31, 2020
Field of knowledge:Applied Social Sciences - Law
Principal Investigator:Pedro Pulzatto Peruzzo
Grantee:Enrique Pace Lima Flores
Host Institution: Pró-Reitoria de Pesquisa e Pós-Graduação. Pontifícia Universidade Católica de Campinas (PUC-CAMP). Campinas , SP, Brazil

Abstract

This research project aims to study the repercussion of the UN Convention on the Rights of Persons with Disabilities in the decisions of the Federal Regional Court of the 3rd Region since 2009, the year of the promulgation of the UN Convention and its optional protocol by Decree 6.949 / 09. The study is the outcome of the scientific initiation project (PIBIC / CNPq), initiated in August 2018 and finished in July 2019, entitled "The influence of the Committee on the Rights of Persons with Disabilities in the Brazilian Federal Courts", which resulted in the gathering of all of the decision of the Federal Regional Courts using as search criteria the terms "committee on the rights of persons with disabilities" and "convention on the rights of persons with disabilities". Although no decision referring to the Committee was found, a total of 509 decisions (until 31/12/2018) citing the Convention were found and their objects and decision dates were properly systematized. Considering that, out of this universe, 430 decisions are of the Federal Court of the 3rd Region, we decided in this research to analyze how this Court applies the Convention in its decisions in order to answer the following question: Does TRF3 apply the Convention in question with attention to the social model of disability, which is the main paradigm of the conventional text, or just cites the Convention to reaffirm understandings consolidated even before the incorporation of the international text by Brazil? In order to carry out the intended jurisprudential research, the empirical study based on the documentary analysis of the judgments will be made through the Court's case consultation website, gathering all the decisions that mention the said Convention and qualitatively verifying the content of the judgments. Therefore, the judgments will be analyzed with the purpose of identifying and analyzing 1- if the reference to the Convention is direct or indirect (by citing another court where reference is made to it), 2- if the judgments maintain or change the understanding of the respective Court signed prior to the incorporation of the Convention into the Brazilian legal system. In light of this empirical analysis of the decisions, we will also conduct a critical analysis of the results in light of Axel Honneth's "The Struggle for Recognition", specifically considering the three spheres of recognition addressed by the author, namely, love, law and social esteem. (AU)

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