Barney Whiteoak BARNEY WHITEOAK

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Sur - Revista Internacional de Direitos Humanos

Print version ISSN 1806-6445

Abstract

CUNHA, José Ricardo. Human rights and justiciability: a survey conducted in Rio de Janeiro.Translated byBarney Whiteoak. Sur [online]. 2006, vol.1Selected edition, pp. 0-0. ISSN 1806-6445.

The purpose of this article is to analyze the information obtained from a survey entitled "Human Rights in the comarca of the city of Rio de Janeiro, Brazil: conception, application and qualification", which proposes to investigate the extent of the justiciability of human rights in adjudication by trial court judges from the comarca* or the judicial district of the city of Rio de Janeiro. The survey concludes that the type of vara,** or trial court, the color of the judge and the amount of knowledge the judge has about the OAS and UN international human rights protection systems are all key variables in determining the way judges apply international human rights instruments as grounds for their sentences. The empirical explanation of the aforementioned variables is extremely valuable when it comes to implementing programs designed to broaden judges’ knowledge of the subject. The survey was conducted with the support of FAPERJ (Fundação de Amparo à Pesquisa do Estado do Rio de Janeiro).

Keywords : Human rights; Justiciability; Judiciary.

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