Reflexões sobre a (in)viabilidade de uma jurisdição internacional dos direitos humanos a partir do direito dos povos de John Rawls

Abstract

The persistence of human rights violations to rules during the XXI century indicate that the importance of these rights at the international level has not implied their effective observance throughout the world. Therefore, discussing the challenges that must be overcome in order to provide an effective jurisdiction of human rights is a fundamental step to avoid using their standards as mere rhetorical device. From this standpoint, this research intends to analyze the questions related to human rights jurisdictionalization based on the model proposed by the american philosopher John Rawls: the Law of Peoples. We conclude trying to verify how much able to overcome those holdbacks the elements Rawls´ theory offers are.