O sistema interamericano de tutela dos Direitos Humanos.: Uma comparação com o sistema europeu sob a perspectiva do acesso e da efetividade.
The objective of this research is to analyze the functioning of the inter-American system of human rights protection. First, the San Jose Commission and Convention on Human Rights and the Inter-American Court are analyzed, by means of historical reconstruction and the classification of recognition o...
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Format: | Article |
Language: | Portuguese |
Published: |
Universidade FUMEC, Faculdade de Ciências Humanas, Sociais e da Saúde
2007
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Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4047433 |
Source: | Meritum, ISSN 2238-6939, Vol. 2, Nº. 2, 2007, pags. 159-210 |
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Summary: |
The objective of this research is to analyze the
functioning of the inter-American system of human rights
protection. First, the San Jose Commission and Convention on
Human Rights and the Inter-American Court are analyzed, by
means of historical reconstruction and the classification of
recognition of the competence of the Court by Latin American
states. Next, a study is made of how this human rights protection
system functions and the configuration of the right to justice
and of due process and effectiveness in the supra-national
organization are analyzed. A special interpretation is made of
articles 1, 8 and 25 of the Convention by Latin American doctrine
and jurisprudence. The second part of the study is characterized
by an analysis of the relation between international jurisdiction
and the organization of the Chilean legal system, through article
5.2 of the Political Constitution; the activities of the protection
organs of the inter-American system are studied, especially the
decisions and opinions relating to Chile. In the last part of the
study, a quick overview is presented of the European model of
supra-national human rights through a brief analysis of the
European Convention on Human Rights, the Commissions and
the two European Courts, in Luxemburg and Strasburg to verify
whether it is possible to make a legal comparison. |
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