Os direitos subjetivos no direito internacional dos direitos humanos

Abstract

The present research has as objective to question the necessity of the assent of the State in the ratification of the treated ones to human rights and in the participation of the international courts. The study on the subjective rights in the international law of the human rights it can contribute for the reflection of so longed for democratization of the international system. For in such a way, the inductive method was used, leaving of the analysis of the foreseen subjective rights in the treated ones to human rights of the inter-American system, to question if the effectiveness of these it must be condition to the recognition and protection of the same ones for a state jurisprudence. The analysis was developed from the documentary technique of bibliographical research and in the branches of knowledge of the theory of law, legal philosophy and international law. It was arrived conclusion of that when acquiring statuses of imperative norm of international law, the treated ones to human rights would generate effect for all independently the States of ratification, what they could contribute to diminish in the distance enters the speech of the human rights and its effective protection in such a way in the international scope, as in the internal scope of the States