Derecho Internacional Público Contemporáneo

Mazzuoli, Valerio de Oliveira

doi:10.2307/j.ctvh1dvtj

Cited by 19 publications

(34 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Thus, peace being a human right, the awareness of peoples is restricted while states act for sovereign rights without reaping a supreme right for life. Thus, the minimum consensus in situations of conflict between sovereignty, sustainability and peace is not reinforced among themselves because international instruments of protection of nature do not involve all the human dimensions demonstrated, thus invalidating the realization of the common good (BONAVIDES, 2015;MAZZUOLI;AYALA, 2012).…”

Section: The Dimension Of the Human Right To Peacementioning

confidence: 99%

Asymmetries Versus Sustainability: The Human Right to Peace in Brazil Post-1988

Bellincanta de Souza,

Bellincanta de Souza

2024

Intern. Journ. Env. Res. Res. Sci.

View full text Add to dashboard Cite

This article has as object of study the repercussions of the dimension of the Human Right to Peace in Brazil after the decision of the Supreme Federal Court on Declaratory Action of Unconstitutionality No. 3,540, which recognized the rights of a brand-new dimension between economic and environmental aspects. The research method used was inductive, with bibliographic, jurisprudential, documentary, and normative investigation. The consequences of the pluralities of rights and people make the recognition of the Human Right to Peace in Brazil expose the advances and challenges regarding the applicability of sustainable intergenerational legal certainty. The result permeates the moral blindness of global actors, their modus vivendi and modus operandi in risk societies. Pointing out better efforts regarding Brazil's constitutional objectives and foundations in the face of the 2030 Agenda offers perspectives on understanding a complex of crises in which this right involves, giving prospects for an asymmetry to sustainability. Keywords: Peace. Risk and Sustainability. Intergenerational Legal Certainty. Development and Democracy.

show abstract

Section: The Dimension Of the Human Right To Peacementioning

confidence: 99%

Asymmetries Versus Sustainability: The Human Right to Peace in Brazil Post-1988

Bellincanta de Souza,

Bellincanta de Souza

2024

Intern. Journ. Env. Res. Res. Sci.

View full text Add to dashboard Cite

show abstract

“…It is in this context that the control of conventionality of internal norms arises. In brief, it is the "process of vertical compatibility (especially material) of domestic norms with the commands found in international human rights conventions" (Mazzuoli, 2019).…”

Section: Conventionality Control In Brazil: Theoritecal Notes and App...mentioning

confidence: 99%

Resolution Nº 351/2020 of the National Council of Justice and the conventionalization of Law: the conceptual revisitation of moral harassment and the safe and healthy working environment right

Leite,

Lucena Filho

2024

OLEL

View full text Add to dashboard Cite

Violence in the working environment is a phenomenon that challenges workers, employers and the Public Administration in combating and eliminating it. Among the multiple types of hostile acts is moral harassment, which, although it appears as a psychosocial risk in Brazilian labor relations, has not been autonomously disciplined by any federal law of private law, relegating the adequate implementation of the fundamental human right to a safe and healthy work environment. In this context, since 2019, the International Labor Organization (ILO) has included Convention No. 190 in its normative list, which deals with the elimination of violence and harassment in the world of work. In Brazil, the theme, within the scope of work relationships occurring in the Judiciary, is guided by Resolution No. 351/2020 (and its subsequent amendments) of the National Council of Justice, which established the Policy for the Prevention and Confrontation of Moral Harassment, of Sexual Harassment and Discrimination. This article aims to identify and trace evolutionarily the position of the National Council of Justice regarding the material aspect of the ILO's conventional law, notably regarding the concept of moral harassment, taking into account the minimum duty of conventionalization of the Law, even in the face of non-ratification of the commented international treaty. It concludes that, originally, the text of Resolution No. 351/2020 chose a criterion for identifying moral harassment adopted by classical doctrine and Brazilian majority jurisprudence. However, in 2023, imbued with the duty to conventionalize the law and inspired by the guiding nature of the material legal source of treaties on human rights not yet ratified, it aligned itself with the concept of moral harassment enshrined in Convention No. 190, positioning itself on the flank axiological approach to realizing the fundamental human right to a safe and healthy working environment in the sphere of public servants of the Judiciary.

show abstract

“…69 Importantly, human rights courts are not the only judicial bodies taking account of the pro homine principle. 70 Indeed, "[t]his principle sets an imperative rule to all international law actors", 71 which should take account of the pro homine principle if only because it pursues the joint goal of protecting human beings. 72 Thus, by adopting the pro homine principle, the WTO decision-maker should ascribe a prima facie higher weight to the protection of human healthand, arguably, the environment, the safeguard of which is strictly related to the well-being of people.…”

Section: Proportionality Analysis Applied and Refined To Fit Biotechnology Scenariosmentioning

confidence: 99%

The Reasoning Structure in Legal Disputes on the International Trade of Biotechnology: From a Judicial Balance by Chance to a Judicial Balance by Design

Guida

2021

Eur. j. risk regul.

View full text Add to dashboard Cite

The international trade in biotech products boosts national economies and advances scientific as well as technology innovation. However, while trading these products increases the spread of benefits on a global scale, it also increases risks to human health and the environment (ie biosafety). This is because the effects of this technology on biosafety are still highly uncertain. Against this background, the judicial bodies under the World Trade Organization (WTO) find themselves in the middle of an intricate and polarised debate in which a proper judicial balance between free trade and biosafety becomes fundamental in order to determine whether requests for ensuring human and environmental health justify trade restrictions. This paper aims to highlight that the WTO is institutionally unready for balancing economic and non-economic values. In suggesting how to rationalise the judicial balance between the competing interests in the context of biotechnology, this paper demonstrates that the judicial adoption of a well-structured proportionality analysis can turn the current balance by chance into a balance by structure.

show abstract

Derecho Internacional Público Contemporáneo

Cited by 19 publications

References 0 publications

Asymmetries Versus Sustainability: The Human Right to Peace in Brazil Post-1988

Asymmetries Versus Sustainability: The Human Right to Peace in Brazil Post-1988

Resolution Nº 351/2020 of the National Council of Justice and the conventionalization of Law: the conceptual revisitation of moral harassment and the safe and healthy working environment right

The Reasoning Structure in Legal Disputes on the International Trade of Biotechnology: From a Judicial Balance by Chance to a Judicial Balance by Design

Contact Info

Product

Resources

About