A condenação do Brasil pela Corte Interamericana de Direitos Humanos no caso Favela Nova Brasília vs. Brasil : uma análise da decisão proferida pela corte, seus efeitos e cumprimento da sentença pelo Brasil.

Abstract

This work focuses on analyzing the compliance of the Federative Republic of Brazil (the State of Brazil) with the sentence issued by the Inter-American Court of Human Rights in the case of Favela Nova Brasilia v. Brazil in February 2017. The objective is to investigate the effects of the sentencing decision handed down by the I/A Court H.R., and the extent to which it was in fact complied with by the State of Brazil, especially concerning the structuring aspects in relation to the practices of police operations in the country. Based on this, considering the material and symbolic effects of the decision given, questions arise as to what measures were imposed in the sentence, how they were effectively complied with and whether they had any structuring impact on the conduct of such police operations. The approach method used is hypothetical deductive, with bibliographical research. The first chapter consists of conceptualizing human rights and determining their importance in the construction of contemporary societies. The second chapter examines the emergence, form and organization of the inter-American system, especially its main organs. The third chapter, finally, proposes to carry out an analysis of compliance with the conviction handed down by the Inter American Court, in order to determine what the Brazilian State complied with and learned from the conviction. Ultimately, it is possible to state that the conviction handed down by the I/A Court H.R. in the analyzed case is of utmost relevance to the debate regarding the legality of the way police operations are currently carried out in Brazil, because, as verified throughout this work, there is a repetition of conducts by the country's public security agents. These repetitions indicate that there is continuous and structuring work to be done in order to ensure the non-violation of the human rights of people who are directly affected by the practice of such police operations.