Collection of Human Rights Jurisprudence of the Federal Supreme Court of Brazil
SUMMARY
Abbreviations, acronyms, and notations 9
Dimensions of human rights 11
Hierarchical position of international human rights treaties 13
Political regimes and human rights 16
Jellinek’s theory of the four statuses 21
Principle of human dignity 22
Principle of equality 28
Principle of legality and retroactivity in criminal law 38
Principle of proportionality 40
Principle of prohibition of social regression 42
Principle of the reserve of the possible and guarantee of existential minimum 43
Right to life 46
Right to a name 49
Right to nationality 50
Right of movement and residence 52
Right to private property 53
Protection of honor and dignity 57
Right to compensation 60
Rights of the prisoner 61
Right to personal integrity 72
Prohibition of torture 75
Prohibition of slavery and servitude 78
Right to personal freedom 81
Freedom of thought and expression 87
Right to correction or reply 97
Freedom of belief and religion 99
Political rights 105
Right of assembly 109
Freedom of association 112
Judicial guarantees 114
Due process of law 115
Adversarial principle 116
Broad defense 117
Nemo tenetur se detegere 120
Natural judge 121
Res judicata 123
Publicity 124
Double degree of jurisdiction 126
Reservation of jurisdiction 127
Presumption of innocence 128
Access to justice 134
Reasonable duration of proceedings 137
Right to health 139
Right to education 142
Family protection 145
Rights of children and adolescents 154
Protection of women 160
Rights of the elderly 167
Rights of persons with disabilities 169
Rights of indigenous people 172
Right to the environment 176
Public policies 180
Public Defender’s Office 182
Public Prosecutor’s Office 185
International Criminal Court 187
Extradition process 189
Miscellaneous issues 197
Read also:
Academia.edu
31086 Views
14 Pages
Human Rights Treaties Received in Brazil and the Jurisprudential Understanding of the Federal Supreme Court
By Andréa Benetti Carvalho de Oliveira and Ludmila Culpi
visibility
31,086 Views
description
14 Pages
link1 File ▾
sell
Fundamental Rights and Human Rights
The present article addresses the incorporation of international Human Rights treaties into the Brazilian domestic legal order.
There is a wide range of positions on the subject in national doctrine and jurisprudence, which justifies this research.
The central issue to be answered by the article is what position the Federal Supreme Court takes regarding the inclusion of international treaties on Human Rights in the Brazilian legal system.
The objective is to analyze the main forms of interpretation on the matter, namely: normative parity; supralegality; supraconstitutionality; and the constitutional bloc. In particular, the aim is to evaluate the STF’s jurisprudence regarding the application of international Human Rights treaties.
The sources used are STF jurisprudence, as well as articles and books that deal with the subject.
Nenhum comentário:
Postar um comentário