Federalização das violações contra os Direitos Humanos: uma análise do incidente de deslocamento de competência inserido pela EC n°45/04.

Abstract

This paper seeks to examine relevant issues involving the displacement of jurisdiction of justice for the state the federal courts in cases of serious human rights violations from the assessment of their background. Avigorar for the analysis of the proposed topic, conceptualized is the object protected by this incident, human rights, outlining its historical development concept and the process of internationalization of such rights, which culminated in the setting of international treaties. It was then takes care of state authority, relative to the protection, security and effective punishment of violators of those rights when the state's inefficiency in the implementation of human rights and a violation before the judiciary is caused. Accordingly analyze the role of the judiciary as an institution essential to the realization of human rights, as well as scores is the role of the protagonist of this mister that the judge should guide their actions in impartiality. Go ahead, analyze the performance of justice before state human rights violations, and therefore care is the first incident of the displacement of Competence, where Dorothy Stang, who was denied, scored its outcome at the local level. In the last chapter looks are the essential requirements for the establishment of the incident, detailing them. Because it is controversial theme, are marked arguments against the application of such an incident, and are considered the arguments in favor of using the incident of displacement of power in Brazil, covering the advantages of applying the institute and the benefits that it can assure the country in the international arena. In the same chapter, the application of the incident displacement of competence is exposed to the principle of proportionality. It is through arguments that the federalization of violations against human rights is fully in line with Brazilian law.