HUMAN RIGHTS AND PEOPLE WITH DISABILITIES: THE PRIMARY SPHERE OF THE CLAIM THAT EFFECTIVES THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE CHALLENGES IN THE BRAZILIAN REALITY release_xevwz3cvtbddnmfjz6ymowhiy4

Abstract

The papper focuses on the political-judicial question that emerges from the international and local systemic duality, making inquiries regarding the most appropriate and potentially effective scope for the settlement of claims that make concrete the human/fundamental rights, carried out by the social contingent with disabilities, that suffer discrimination and is excluded from the various spheres of society, submitting to the verification the hypothesis that signals the primacy of the local judicial protection system, assuming the limited, subsidiary, supplementary and not accidentally weak character of the international human rights guarantee system. Therefore, opposes the Global Rule of Law theoretical project committed to human rights, the democracy and peace proposed by Bobbio to the critique of liberal human rights law established by Douzinas, highlighting the emancipatory imperative that structure and articulates the normativity of the New York Convention (UN, 2006) and the challenges of the Brazilian reality.
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