Dissertação
O controle jurisdicional de convencionalidade: análise do tratado internacional das pessoas com deficiência em relação à legislação previdenciária brasileira e argentina
Fecha
2016-03-18Registro en:
HUBER, Guilherme Ziegler. O controle jurisdicional de convencionalidade: análise do tratado internacional das pessoas com deficiência em relação à legislação previdenciária brasileira e argentina. 2016. 110 f. Dissertação (Mestrado em Direito) - Universidade Federal de Santa Maria, Santa Maria, 2016.
Autor
Huber, Guilherme Ziegler
Institución
Resumen
This work has the objective analysis about the treatment of the conventionality
control laws in the Brazilian and Argentine legal scenario. As we search problem is to
analyze what the hierarchy of international human rights treaties entered into both
legal systems and, in result, analyze the existence or not of vertical compatibility and
material between the laws governing the retirement of people with disabilities in each
of these countries on the International Convention on the Rights of Persons with
Disabilities. Regarding methodology, we chose to use the deductive method of
approach, based on the study of the concepts brought by the International
Convention, the Brazilian legislation and the Argentine legislation with the aim of
achieving the ability to analyze it in everyday cases from the application of
conventionality control theories. Still, regarding the method of procedure, because of
the need precisely to point out that the similarities and dissimilarities between the
domestic laws of each country in relation to international rule. In this way, it was
noticed that lies a discrepancy regarding the person of significance with disabilities in
each of these standards, since the international treaty brings an extremely broad
definition of disabled person in order to seal the right to a large section of society that
because of medical, social, educational, vocational, psychological or cultural barriers
are outside the social life and the labor market. In contrast to this, Brazilian law
restricts the finding of disability to cases of medical and social order, although the
Argentine law restricts only to medical disability cases. Such existing conceptual
discrepancy between the rules affect too much a large part of society, since, acting in
such a way, one is undeniably excluding the legal protection a large portion of society
that fails to include socially and professionally because of issues beyond the mere
medical or social look. Therefore, it shows extremely important study with the aim of
triggering the incompatibility of existing laws can be act to modify the current state of
affairs and, by consequence, to include a greater number of individuals in the
legislative seal in strict observance of the auspices of the human rights of persons
with disabilities