Os mecanismos de efetivação da convenção internacional sobre os direitos das pessoas com deficiência no ordenamento jurídico brasileiro

Brazil has incorporated the International Convention on the Rights of People with Disabilities through Decree no. 6.949 / 2009, with Constitutional Amendment status. It promotes a paradigm shift about the phenomenon of disability, presenting new premises to understand, promote and ensure rights to this group. In this context, it is considered that the treaty establishes several mechanisms for the effective implementation of its norms, in order to fill a legal gap in the global human rights protection system, in which the approach to this question was found only in non-binding documents. It should be noted that the rights of this social segment were assured by law in Brazil including the Federal Constitution of 1988, which provides for several guarantees, giving the ordinary legislator its regulations. Thus, observed the existence of a broad legal framework on the subject in the Brazilian legal order is observed. However, it is noted that the situation of these individuals, in practice, has not advanced in the same measure. This fact demonstrates the low degree of effectiveness of such norms. In view of this panorama, the embraced object of study was the analysis of how the incorporation of this International Convention can contribute to accomplish the rights of people with disabilities in Brazil. As a guideline, it was hypothesized that this contribution may occur insofar as the treaty compromises all the functions of the State (Executive, Legislative and Jurisdictional) with its implementation, in order to direct it to occur in a way that is coordinated, systematic and in all dimensions of state activity. In order to verify the legitimacy of this thought, the objectives were defined: to examine which are the mechanisms for effectiveness established in the Convention itself and how these have focused on the Brazilian State; analyze how state functions are working to implement treaty standards; to check what are the existing instruments in each of these spheres and the potential for them to be effective.

Grantor

Brasil

Year dc:date.issued

2017

Author dc:creator

• Fernandes, Fernanda Holanda

• Pessoas com deficiência
• Efetividade de direitos
• Brasil

Statement dc:rights

• Acesso Aberto

Language dc:language

por

Repository record dc:identifier.uri

https://repositorio.ufrn.br/jspui/handle/123456789/23584

OAI identifier oai:identifier

oai:repositorio.ufrn.br:123456789/23584