A proteção dos direitos humanos de grupos vulneráveis e minoritários nas Constituições Estaduais brasileiras : uma análise a partir do constitucionalismo multinível e do IUS Constitucionale Commune na América Latina.

Abstract

The present paper approaches as a theme the Brazilian State Constitutions as instruments of protections of the human rights, and vulnerable and minority groups, in the scenario of a multilevel constitutionalism and in the perspective of the Ius Constitutionale Commune of Latin America. The theme is delimited in the study of the Constitutions of the Member States of Brazil, specifically, in relation to human rights and the righs of vulnerable groups (children and teenagers, the elderly, people with disabilities and women) and minorities (indigenous people and others). Considering that the Brazilian State is inserted in the context of a multilevel constitutionalism and taking into account the project of the Ius Constitutionale Commune of Latin America, this dissertation seeks to answer the following problem: the Brazilian State Constitutions incorporate contents aimed at the protection of human rights, such as mechanisms related to the protection of vulnerable and minority groups and opening clauses that give rise to this integration? The Specific objectives of the research are: to present the project of the Ius Constitutionale Commune of Latin America and the theory of multilevel constitutionalism (and related theories, such as transconstitutionalism and interconstitutionality) as tools for the protection of human rights; investigate, from the perspective of a multilevel constitutionalism, the Brazilian federative system, the competences of the State Constitutions and the legal order commitment with the protection of the human rights and vulnerable groups; to analyze, in the Brazilian State Constitutions, the existence of opening clauses for human rights treaties and contentes aimed at the protection of vulnerable groups contained therein, seeking to identifyif they can be considerated as tools of a multilevel constitutionalism, in the perspective of a Ius Constitutionale Commune of Latin America. As for the methodologies, will be used the hypothetical-deductive method; historical and comparative procedures and the research technique of indirect documentation, bibliographical research, legislation of the State Constitutions, jurisprudence of the Federal Supreme Court and of the Inter-American Court of Human Rights.