APLICABILIDADE DOS INSTRUMENTOS DE PROTEÇÃO E DA JURISPRUDÊNCIA DA CORTE INTERAMERICANA DE DIREITOS HUMANOS NA PROTEÇÃO DE MULHERES, CRIANÇAS E ADOLESCENTES NOS TRIBUNAIS DE JUSTIÇA DOS ESTADOS DO MARANHÃO E SÃO PAULO

Abstract

The application of human rights protection instruments and the jurisprudence of the Inter American Court of Human Rights in judicial decisions is one of the ways to guarantee, after the violation of these rights, the effectiveness of the human rights of Brazilian citizens. This dissertation seeks to analyze the application of these human rights protection instruments, as well as the jurisprudence of the Inter-American Court of Human Rights, in the decisions handed down by the Courts of Justice of Maranhão and São Paulo, between January 2000 and September 2023, in which concerns the human rights of women, children and adolescents. To this end, through empirical research, a qualitative-quantitative approach was used, of a bibliographic and jurisprudential nature, in addition to data collection, in order to verify the application of these protection instruments and the jurisprudence of the Inter-American Court of Human Rights in the decisions of the Court of Justice of Maranhão and Court of Justice of São Paulo. This choice is important as Brazil, based on legislative decree no. 89, of December 3, 1998, recognized the mandatory jurisdiction of the Inter-American Court of Human Rights, making international judicial condemnation of human rights violations committed by the Brazilian State possible. Furthermore, the National Council of Justice reinforces this national pact of the judiciary for human rights through Recommendation No. 123/2022, of January 7, 2022, in which it recommends to the judiciary bodies the observance of international human rights treaties and the use of the jurisprudence of the Inter-American Court of Human Rights, as well as the need to control conventionality. It is concluded, therefore, that the Courts of Justice of Maranhão and São Paulo almost do not use instruments to protect human rights, much less the jurisprudence of the Inter-American Court of Human Rights, with the lack of expertise of the magistrates in human rights being a of the main challenges to be overcome by these courts.