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A declaração de constitucionalidade da lei da anistia pelo STF no âmbito do Estado Democrático de Direito Brasileiro e o descompasso com a proteção dos direitos humanos.
| Content Provider | Semantic Scholar |
|---|---|
| Author | Ramos, Julia Elisa |
| Copyright Year | 2015 |
| Abstract | The present monographic work is about “the constitutionality statement of amnesty law by Supreme Federal Court in the brazilian democratic state of law and the mismatch with the human rights protection”, being studied the problem about the constitutionality declaration of law number 6.683/79 and the mismatch of brazilian decision compared to the international protection of human rights and with the fundamental rights theory. In a first moment, will be present aspects about the historic aspects of the amnesty law creation and the consequential declaration of constitutionality by Supreme Federal Court, speaking about the several points that leaded to the declaration. From there, will be compared the brazilian position with the international position, taking into account the human rights international protection and the international pacts ratified by Brazil. Therefore, through hermeneutic methodology, using constitutional and international law bibliographies, it was possible to demonstrate the conflicting points, from the theoric review. Over the review of concrete cases, it can be seen the mismatch of brazilian position compared to the international protection of human rights, weighing up all the arguments relevant to the theme. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repositorio.unisc.br/jspui/bitstream/11624/1041/1/Julia%20Elisa%20Ramos.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
