La contribución del poder judicial a la protección de los derechos humanos de tercera generación; especial referencia al derecho al desarrollo

[EN] It has sought a dialogue of three branches of the law: International, Constitutional and Procedural with economics, especially the Neo-Institutionalism. In addition, in some respects also talks with sociology and philosophy. Is therefore interdisciplinary work. Contains 4 chapters: i. conceptual aspects of the human rights of third generation, ii. the right to development as a human right of third generation, iii. general considerations regarding the process in modernity for understanding its protective of human rights of third generation; special reference to the protection of the right to development; iv. judicial protection of human rights of third generation, with special reference to the right to development (The Judiciary and the Right to Development). Descreve UN responsibility in order that humanity available to minimal living conditions to ensure respect for the men and citizens in each country, actions, ultimately, led to the implementation of public policies that favor the dignity of man. It is not enough to merely positive recognition of human rights, it is necessary to have procedural policy instruments, effectively, protect and fulfill human rights, so as to allow man access to court, claiming their rights and full knowledge and understanding of them, so that the judiciary plays an important role in protecting human rights. In addition, development must be primarily serve the satisfaction of the basic needs of the population. At this time a more human judicial act, connected, obviously, with the introduction of a more humane process. It underscores the new role of the judge in the post-modernity, when reflecting on the vision of the neo-institutionalist economics, which stresses the importance for socio-economic development of the institutions, among which stands out, Justice. By consequent, these economic statements may constitute a precedent is rational so you can get to the conception of an economic purpose that is coated on civil process, that is, an economic spit civil process. It should be noted, in the conception of Neo-institutionalist economics, the new force that assumed Development Economics. Given the importance to the consumer market and even represent the effects for the economy and for the development of a country - and not just for the market itself, as your balance is reflected significantly in the economy - is essential to foster favorable conditions so that the market is stable and growing. This will certainly depend, among other things, the legal and judicial protection given to consumers, especially protection through the guardianship process (both individual and collective). the Judiciary, with those guardianships to protect consumers and users provide, indirectly, its contribution to socio-economic development of a society benefited from these civil process protection.The guardianships, as a tool that the State has to Justice citizens, regardless of their redistributive and social reintegration in applying legal rules to factual situations, has assumed, modern, built-in helper of the economy, with precisely the adjuvant role of socio-economic, that security entity may provide in the social context. The Civil Procedure Law should be incorporated the newest studies institutionalist economics in an interdisciplinary scientific effort to better reflect and search for solutions that make the justice system, agile and efficient. The justiciability can be an effective way to promote human rights. We assume position between those who argue that the right to development, including social rights, for example, basic education, basic health, homeless assistance and the right to access to justice are indispensable members and likely to become in final individual subjective right. We advocate, therefore, that it is perfectly possible and the justiciability of economic, social and cultural rights is also possible the justiciability of the right to development at the present stage of human rights. The lower courts have protected quite emphatic and in many cases some of these third generation rights, such as consumer and user of appearance and environmental, not unlike the right to development although it is very difficult check a corresponding law. Consider that the protection and defense of the justiciability of downl has gradually been accepted in many democratic countries based not only doctrinal but also jurisprudence. And in the same way, we can foresee that the right to development, little by little, is following the same path from those already fully justiciable rights and protected by the judiciary. Surely that today there is a new Justice in Brazil, by the powers that be, have signed two agreements for state Republicans justice system more accessible, responsive and effective, ie a Justice better, more democratic, more efficient, which has demanded the release of 18 (eighteen) new laws, new measures taken by the Brazilian President and the President of the Court of Justice major, the Supreme Federal Tribunal STF. The World Bank has sought to exploit the STJ development model to assist in the modernization of the courts of Latin America, Caribbean and Africa, in the area of cooperation known as Sud-Sud. These partnerships with institutions in developing countries have been evaluated for this important international body development policies. The creation of the CNJ has performed in important national changes within ethical and administrative modernization. Suffice it to mention, as examples ethical, the following: 1) the term nepotism in the Brazilian Judiciary, 2 º) setting limits on salaries of judges, desembargadores and ministers of courts and the elimination of additional wages that significantly increased values that the State Pagava the judges. It is perfectly possible to defend the idea that, if the State interferes practice to protect and guarantee human rights or fundamental rights, through the implementation of these rights, is therefore contributing to human development and indirectly to the socio -economic. Inserted in this perspective, we propose that in granting an injunction to protect the physical integrity of a woman, and sometimes greater protection of human rights, which is life itself, the State Jurisdictional be adopting, in particular, measures that promote human development and considering these state actions to collective boundaries also socio-economic development

Author

• Melo de Moraes Rêgo, Nelson

• Academic Dissertations
• Judicial power
• Human rights
• Economic development
• Tesis y disertaciones académicas
• Universidad de Salamanca (España)
• Tesis Doctoral
• Poder judicial
• Derechos económicos y sociales
• Derechos humanos
• Desarrollo económico

Identifier

hdl:10366/121394

OAI identifier oai:identifier

oai:gredos.usal.es:10366/121394