The “Unconventional State of Affairs”: Bringing the Interamerican Court of Human Right to debate on Brazilian Prisional System

Authors

  • Siddharta Legale Ferreira Universidade Federal de Juiz de Fora
  • David Pereira de Araújo Universidade Federal de Juiz de Fora

DOI:

https://doi.org/10.12957/publicum.2016.26042

Keywords:

Unconventional State of Affairs, Interamerican Court of Human Rights, Conventionality Control, Human Rights.

Abstract

The concept of the “unconventional state of affairs” does not exist in these terms in the caselaw of the Interamerican Court of Human Rights. It is an authorial proposal, relating the idea of "unconstitutional state of affairs" from the Colombian Constitutional Court in order to allow greater visibility to the violations of the American Convention of Human Rights, as well as the chance to think a 'conventionality control for constructive omission" solutions for rights violations related to life, physical integrity, health, etc., not only guaranteed a fundamental rights in the Brazilian Constitution of 1988, but also as human rights by the ACHR.

Author Biographies

Siddharta Legale Ferreira, Universidade Federal de Juiz de Fora

Constitutional Law Professor at Universidade Federal de Juiz de Fora (UFJF-GV)

David Pereira de Araújo, Universidade Federal de Juiz de Fora

Law student at UFJF. Constitutional Law student representative. Extension Project "Debates Virtuais).

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Published

2016-12-31

How to Cite

Ferreira, S. L., & de Araújo, D. P. (2016). The “Unconventional State of Affairs”: Bringing the Interamerican Court of Human Right to debate on Brazilian Prisional System. Revista Publicum, 2(2), 67–82. https://doi.org/10.12957/publicum.2016.26042

Issue

Vol. 2 No. 2 (2016)

Section

Artigos Científicos

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