{"title":"“SANTO antonio DE JESUS FOGOS工厂的雇员及其家人诉巴西”一案中的漏洞交集:美洲人权法院在该案件中实施的措施分析","authors":"E. Vargas, Fernanda Silva","doi":"10.36592/9786581110468-06","DOIUrl":null,"url":null,"abstract":"The present work refers to the analysis of the case of Employees of the Santo Antônio de Jesus Fireworks Factory and their Families vs. Brazil, which occurred in Brazil in 1998 and judged by the Inter-American Court of Human Rights in 2020. Starting from the method of deductive approach and the method of analytical procedure, the objective is to answer the following research problem: on the analysis of the decision of the Inter-American Court in the case “Employees of Fábrica de Fogos de Santo Antônio de Jesus and their families v. Brazil” which duties have the InterAmerican Court recognized that Brazil has violated and what are the measures established by the decision? Therefore, as specific objectives, initially, the contextualization of the situation experienced by the workers of the aforementioned factory and their families will be presented, highlighting the situations of vulnerability and inequality to which these people were subjected. Subsequently, an explanation will be made regarding the judgment handed down by the Inter-American Court, highlighting the state's omission and the violated rights of factory workers, as well as the existence of an intersected vulnerability and the breach in the to owe state protection duty. Finally, an analysis will be carried out regarding the position developed by the Inter-American Court in the decision, in order to identify which duties the State has not complied with, analyzing the presence of child labor in that factory, and the measures established by the Inter-American Court in the decision.","PeriodicalId":305915,"journal":{"name":"Anais da VIII Jornada da Rede Interamericana de Direitos Fundamentais e Democracia (2021). Volume I","volume":"90 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"A INTERSECÇÃO DE VULNERABILIDADES NO CASO “EMPREGADOS DA FÁBRICA DE FOGOS DE SANTO ANTÔNIO DE JESUS E SEUS FAMILIARES VS. BRASIL”: UMA ANÁLISE DAS MEDIDAS IMPLEMENTADAS PELA CORTE INTERAMERICANA DE DIREITOS HUMANOS AO CASO\",\"authors\":\"E. 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引用次数: 0
摘要
本作品是对1998年发生在巴西,并于2020年由美洲人权法院判决的santa Antônio de Jesus烟花工厂雇员及其家属诉巴西一案的分析。从演绎方法和分析程序的方法出发,目的是回答以下研究问题:对美洲法院在“Fábrica de Fogos de Santo Antônio de Jesus的雇员及其家属诉巴西一案”中的判决进行分析,美洲法院承认巴西违反了哪些义务,该判决确定了哪些措施?因此,作为具体的目标,首先,上述工厂的工人及其家庭所经历的情况的背景化将被呈现,突出这些人所遭受的脆弱性和不平等的情况。随后,将对美洲法院的判决进行解释,强调国家的疏忽和对工厂工人权利的侵犯,以及存在交叉的脆弱性和对欠下的国家保护义务的违反。最后,将对美洲法院在该决定中提出的立场进行分析,以确定该国没有履行哪些义务,分析该工厂是否存在童工,以及美洲法院在该决定中确定的措施。
A INTERSECÇÃO DE VULNERABILIDADES NO CASO “EMPREGADOS DA FÁBRICA DE FOGOS DE SANTO ANTÔNIO DE JESUS E SEUS FAMILIARES VS. BRASIL”: UMA ANÁLISE DAS MEDIDAS IMPLEMENTADAS PELA CORTE INTERAMERICANA DE DIREITOS HUMANOS AO CASO
The present work refers to the analysis of the case of Employees of the Santo Antônio de Jesus Fireworks Factory and their Families vs. Brazil, which occurred in Brazil in 1998 and judged by the Inter-American Court of Human Rights in 2020. Starting from the method of deductive approach and the method of analytical procedure, the objective is to answer the following research problem: on the analysis of the decision of the Inter-American Court in the case “Employees of Fábrica de Fogos de Santo Antônio de Jesus and their families v. Brazil” which duties have the InterAmerican Court recognized that Brazil has violated and what are the measures established by the decision? Therefore, as specific objectives, initially, the contextualization of the situation experienced by the workers of the aforementioned factory and their families will be presented, highlighting the situations of vulnerability and inequality to which these people were subjected. Subsequently, an explanation will be made regarding the judgment handed down by the Inter-American Court, highlighting the state's omission and the violated rights of factory workers, as well as the existence of an intersected vulnerability and the breach in the to owe state protection duty. Finally, an analysis will be carried out regarding the position developed by the Inter-American Court in the decision, in order to identify which duties the State has not complied with, analyzing the presence of child labor in that factory, and the measures established by the Inter-American Court in the decision.