Direito das minorias interpretado: o compromiso democrático do direito brasileiro
The category of minority is used as argumentative reinforcement in Law for the defense of fundamental rights. It is destined to groups that were historically marginalized, and claim for public recognition of their peculiarities and the protection of rights. This category, which appeared linked to th...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Universidade Federal de Santa Catarina (UFSC)
2011
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3880882 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 32, Nº. 63, 2011, pags. 319-352 |
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| Summary: |
The category of minority is used as
argumentative reinforcement in Law for the
defense of fundamental rights. It is destined to
groups that were historically marginalized, and
claim for public recognition of their peculiarities
and the protection of rights. This category,
which appeared linked to the idea of state sovereignty
and nationality, now is extended to
demands ignored before. The interpretation of
principles related to the minority category must
therefore be conceived as a need for consolidation
of constitutional democratic values. This
study aims to identify how the minority category
is articulated in decisions of the judiciary.
The source of precedents on which research is
developed are those decisions of all instances of
the Brazilian courts, tried and published since
October 5, 1988 until July 31, 2010. The conclusion
is that the use of minority category by
the judges pursues the democratic ideal of law
enforcement to those belonging to minority
groups. |
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