Condução coercitiva à luz da Declaração Universal dos Direitos Humanos e dos Direitos e Garantias Fundamentais - caso em análise: ex Presidente Lula.

Abstract

This work is an analysis of the Enforcement of the Brazil forward Pipe the brazilian Constitution and human rights, especially after the Enforcement of Driving Ex-President Luís Inácio Lula da Silva. Legal and historical developments dating by which the Institute now studied passed from the Colony Brazil to Brazil contemporary. The origin of the code of criminal procedure and your strong influence of the military regime. The important clarification of concepts and species of driving, the guiding principles of criminal procedure and your important applicability in the study. The Brazilian Constituent and the fundamental rights and guarantees solidified in your body. The Universal Declaration of Human Rights, and the detailed study the application of these to the extent study. The measure postulated in the face the Brazilian Supreme Court, which corroborates with the central idea of this study. The Case in analysis the study is the measure in the face of ex-President Lula. The scenario enabled the measures in the face of ex-President. The details of the mandate that the decision of the present case. The coercive pipe in the face of the Human Rights Committee in organizations of the of the United Nations. Throughout its three chapters, always the central thesis of the study, making logical bridges between some sources of law (principles, standards and doctrine) and the unconstitutionality of the Coercive Driving. The method used in the research was the interpretive analysis of doctrine and instruments national and international normative. The approach was used the method, which in a chain of reasoning in connection of driving Institute assessed descendant in a coercive General optics. The aim of this work is to recognize the unconstitutionality of the provision that provides for the transportation of production. In this way, can be concluded through the whole study of the magna carta, doctrine and human rights, can be concluded through the whole study of the magna carta, And although the coercive pipe, carried out are with a touch by vices. So that the same measure not having been declared unconstitutional, in the present case could not have been executed because of their addictions.