A prisão civil e os Direitos Humanos em face da teoria da supralegalidade dos tratado internacionais de Direitos Humanos.

Abstract

Under a humane understanding, this study is an analysis of the civil prison as a restriction of freedom. Bring in an overview, the whole history of passing civil prison, making the current design more understandable. The importance of this discussion is because the civil prison of depositary infidel is allowed by the constitution and prohibited by the Federal Pact of San Jose Costa Rica, which Brazil has signed up: behold the great problem of the subject. The research was developed through the use of historical and evolutionary methods in regard to the origin and evolution of the civil prison, bibliographic material for the theoretical training, and legal-exegetic for judicial review of decisions regarding the possibility of prison or not the civil warehousekeeper unfaithful and treated. Doctrinal studies were also performed, based on what has been published on the subject matter, legal papers and sites so that a new approach proceed on it. All the work is authoritative by the law of human rights and all this was done by a retrospective on the evolution of recognition of these rights and on its universality. It was this universality that arises the need to discuss the value of international human rights treaties entered into the Brazilian legal system. It appears that the Supreme Court adopted a position on international human rights treaties, to create a new legal pyramid, however, the normative status is indicated by some scholars as irrelevant when the antinomy involving human rights, because in that case, would apply the principle of "pro hominem." This work also has a conceptual part, which brings legal concepts and doctrinal disposition on trust and deposit, two different institutes, but were deemed by law to permit civil detention of alienating trust, treating fairly criticized by some courts and doctrine with position lead. It is impossible that such decisions any event civil prison, except in the that feeds lives. Henceforth the lawyer must know both the internal and international standards to adopt positions more consistent with the growing need and quest for universal protection of human rights.