Banca de DEFESA: Paulo Alves Santos

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Paulo Alves Santos
DATE: 24/06/2024
TIME: 10:00
LOCAL: SALA A1-04 - FACULDADE DE DIREITO - UnB
TITLE:

The arguable character of International Human Rights Law and the development of the rights of same-sex unions in regional systems

KEY WORDS:

Legal argumentation; international human rights law; international jurisprudence; same-sex unions; same-sex law

PAGES: 170
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The thesis discusses how regional bodies for the protection of human rights argumentatively develop their competence to protect these rights and how the approach proposed by the theories of legal argumentation can contribute to understanding and improving this practice. Firstly, the historical and teleological convergences that bring international human rights law and theories of legal argument together are presented, with the observation that both emerged in the context of the second post-war period, imbued with a claim to rationality as a limit to the arbitrary exercise of power and concerned with building mechanisms to control state action. Next, to deepen the understanding of the link between argumentation and international human rights law, an empirical investigation was carried out, in which the analytical tools typical of the study of arguments were applied to a set of international decisions handed down by bodies of the regional human rights protection systems. The debates related to the rights of same-sex unions were chosen as the thematic backdrop of the empirical observation. It is a matter which, in addition to having undeniable relevance for the field of human rights, is not expressly regulated in any specific international statute, which makes it even more necessary to be able to argue about it. The empirical analysis revealed the existence of specific argumentative structures and commonplaces on the subject in each regional system, which have changed over time to accompany the gradual development of the problems that have arisen, giving rise to particular and unmistakable regional argumentative identities. Furthermore, based on the data collected in the empirical analysis, it was found that the argumentative activity undertaken by the regional human rights protection bodies promoted the progressive development of the semantic field of these rights within a topic-argumentative cycle. Likewise, it was observed that the argumentation developed in this field is permeated by issues specific to international action, such as the need to safeguard the universality inherent in human rights through argumentation, the concern for coherence in international decisions, the attention paid to the consequences of international decisions in national spheres and the impact of the pro persona principle on argumentation. Finally, it was found that human rights argumentation in international protection bodies has specificities that demand targeted theoretical attention, aiming to enable an argumentative affirmation of human rights that contributes to the promotion and realization of these rights.

COMMITTEE MEMBERS:
Presidente - 1716148 - CLAUDIA ROSANE ROESLER
Interno - 1640199 - DOUGLAS ANTONIO ROCHA PINHEIRO
Interno - 2132953 - ISAAC COSTA REIS
Externa à Instituição - LUCIANA SILVA GARCIA - IDP
Externo à Instituição - RODRIGO DE BITTENCOURT MUDROVITSCH - IDP