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Compliance: the (rare) application of international instruments for the protection of human rights by the intermediary courts in Brazil

Abstract

Brazilian democratic consolidation has entailed the ratification of human rights treaties, at the same time as the Constitution and legislation incorporate the international debate. Nevertheless, there are constant violations in Brazil. The purpose of this research is to investigate the content of decisions and the use of international instruments in the state and federal courts of three Brazilian regions. As the theoretical references, we discuss the concept of compliance. Our research questions are: the legislative production after the Federal Constitution of 1988 would have resulted in an almost complete conformity with the international instruments, rendering innocuous its use? Would there be a reproduction, by the intermediary courts, of theses and understandings of the superior courts, responsible for the little variety of matters found?

Keywords:
compliance; human rights; intermediate Courts.

Universidade de Brasília. Instituto de Ciência Política Instituto de Ciência Política, Universidade de Brasília, Campus Universitário Darcy Ribeiro - Gleba A Asa Norte, 70904-970 Brasília - DF Brasil, Tel.: (55 61) 3107-0777 , Cel.: (55 61) 3107 0780 - Brasília - DF - Brazil
E-mail: rbcp@unb.br