HELLO, BRAZIL ITS URGENT! PROVISIONAL MEASURES OF THE INTERIMERICAN COURT AND THE GUARANTEE OF LIFE AND INTEGRITY OF ADOLESCENTS PRIVATE OF FREEDOM
Name: HUGO FERNANDES MATIAS
Publication date: 26/11/2020
Advisor:
Name |
Role |
|---|---|
| MARCIA SMARZARO SIQUEIRA | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| BRUNELA VIEIRA DE VINCENZI | External Examiner * |
| GUSTAVO MOURA DE CAVALCANTI MELLO | Internal Examiner * |
| MARCIA SMARZARO SIQUEIRA | Advisor * |
Summary: The object of the present dissertation is to analyze the provisional measures of the Inter-American Court of Human Rights, especially to the protect the rights to life and personal integrity of adolescents and young people deprived of liberty in socioeducational internment facilities in Brazil, by the study of 02 (two) cases regarding the states of São Paulo and Espírito Santo. Initially, a historical review of the evolution of human rights, with a special focus on the consequences of class struggles and the capitalist system itself on the construction of international premises and documents on the subject. Then, the inter-American human rights system, linked to the Organization of American States (OAS), was presented, focusing on its main organs, namely: the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights. The studies of Wacquant (2003) and Mbembe (2018) are important to the research and indicate ways for the understanding of the treatment of poor people in the neoliberal world. All of this in order to identify the effects of these decisions and their repercussions on the protection of life and personal integrity of adolescents and young people deprived of
liberty in socio-educational internment facilities in Brazil. The methodology adopted was the documentary analysis of the decisions made in the cases of São Paulo and Espírito Santo, based on the content analysis technique, which allowed the reconstruction of the initial context of the processes as well as the consequences arising from international intervention. The present research advances with regard to the identification of limits and possibilities of the use of these international processes in the promotion of human rights in our country when analyzing the consequences of the action of the Inter-American Court on the socio-educational systems of São Paulo and Espírito Santo, such as deactivation of units, public investment, reducing overcrowding and rebellions. Furthermore, the analysis of some decisions of Supreme Court indicates the possibility of transposing the embarrassment inherent in
international decisions to other situations besides the original processes, the great contribution of the research.
