O papel do Ministério Público na efetivação dos tratados internacionais de direitos humanos

Abstract

The recognition of what we call International Human Rights today is the result of a historical process that grew stronger in the beginning of the 20th century, following the two great wars. At the international level, the human rights protection system is structured by multiple policies regarding which Brazil has opted to subscribe and which complies with a constitutional directive (art. 4th, II of the Federal Constitution). However, in spite of the commitments undertaken in the international level, Brazil has been accused of systematic human rights violations, something that subjects the country to sanctions in the global arena. The present work s objective is to show that the body, in the Brazilian legislative structure, responsible for enforcing the international treaties of human rights is primarily the Public Ministry. The Federal Constitution of 1988, in its article 127, appointed the Public Ministry to defend the juridical order, the unaccessible individuals and social interests and in fact the democratic regime itself. Among the Public Ministry s institutional functions, established in art. 129 of the Federal Constitution, is exactly the one of caring for the effective respect of the Public Powers and of the public relevance services to the rights assured in the Constitution, promoting the required measures to guarantee them. As guardian of the Constitution, it is also up to the Public Ministry to preserve in the national territory the international tools of the human rights that Brazil has subscribed and which, therefore, are part of our juridical context. So, the implementation of measures aiming at strengthening the performance of the Public Ministry to fulfill the international treaties of human rights is urgent and necessary