Banca de DEFESA: Wilson Ferreira Bandeira

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Wilson Ferreira Bandeira
DATE: 22/12/2023
TIME: 09:00
LOCAL: Microsoft Teams
TITLE:

Self Resistance and (In)Submission: A Study on the Jurisdiction of the Inter-American Court of Human Rights, the Favela Nova Brasília Case, the Maria da Penha Case and Brazilian Police Violence

KEY WORDS:
Human Rights, International Treaties, Inter-American Court of Human Rights, Inter-American Commission on Human Rights, Conviction in the case of Favela Nova Brasília versus Brazil, Conviction in the Case of Maria da Penha versus Brazil, Racism, Police Violence.
 

PAGES: 105
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:
This research is based on the Brazilian conviction in the case of Favela Nova Brasília versus Brazil at the Inter-American Court of Human Rights (I/A Court H.R.). It aims to analyze the deaths of young black people in Brazil due to police interventions and their consequences in the judicial branch. The Inter-American Court condemned the country in 2017 and, in the sentence, determined the replacement, in police procedures, of the term “self-defense acts” (in Portuguese: auto de resistência) for homicide or bodily injury resulting from police intervention. The main research goal is to understand the importance of conviction and whether it contributes to reducing police lethality. To accomplish this goal, this thesis was structured as follows: Chapter 1 examines police violence against black youth, covering the historical path of Brazilian police practice and analyzing the self of resistance, Foucault's Biopolitics and Achile Mbembe's Necropolitics as a form of understanding the dynamics of this violence. Chapter 2 shows the functioning of the Inter-American Human Rights protection system and the role of the Inter-American Court and the Inter-American Commission on Human Rights (I/A Court H.R.) in this process. In Chapter 3, we present a comparative case study that analyzes the Favela Nova Brasília and Maria da Penha cases. This chapter aimed to understand why the Brazilian State implemented different responses to these two human rights violations. Chapter 4 presents an interview with one of the greatest experts at the I/A Court H.R. in Brazil, Prosecutor Suxberger. He has already worked as an expert (on two lawsuits) at this Court and in external control of police activity in the Federal District. He explained Brazil's challenges in implementing the Inter-American Court of Human Rights decisions. Finally, in Chapter 5, based on a recent publication by the CNJ and PUCPR (2023), the role of Brazilian judges in the failure to apply the decisions of the Inter-American Court in their sentences was analyzed, perpetuating the complicity of the national judiciary with police violence. Finally, we conclude that police violence is historical and structural. However, there is evidence that Brazilian society is more sensitive to some types of violence, such as the Maria da Penha case, and less sensitive to others, like the Favela Nova Brasília case. Brazilian judges are aware of and are part of this process since they refuse to consider the Inter-American Court of Human Rights decisions in their sentences as a way of curbing Brazilian police lethality.

COMMITTEE MEMBERS:
Interno - ***.173.968-** - JOSE GERALDO DE SOUSA JUNIOR - UnB
Externa à Instituição - LIVIA MARIA SANTANA E SANT'ANNA VAZ - MPE-BA
Presidente - 776981 - MARIO LISBOA THEODORO
Interna - 2558243 - RENISIA CRISTINA GARCIA FILICE
Notícia cadastrada em: 28/11/2023 14:53
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