O Congresso Nacional brasileiro e os direitos humanos no pós-redemocratização (1988-2010)

Abstract

The proposition of this research is to analyse the partipation of the congress in foreing policys through the international acts of human rights, approved by the congress after the 1988 constitution. The option for this specific theme of international acts is justified by the change introduced by 45/2004 constitutional amendment that added the § 3º the the 5º article of the federal constitution of 1988. Our objectives are: (i) Verify how this theme, human rights, entered the brazilian agenda. For that we used the approach of the international regimes theory; (ii) analyse what is the congress performance in foreing policy in human rights in two different moments: before and after the promulgation of the 45/2004 amendment; (iii) point if there were changes in the participation of the legislative powee after the 45/2004 amendment. To that will be analysed the processing and the debates in both congress houses, chamber of deputies and the federal senate, regarding the international acts of human rights of the United Nations Universal System. The results that were found showed that the amendment, in a way, borught a bigger protagonism to the legislative in this specific theme and that are other ways for this power to participate beyond those in the described in the constitutional text.