O acesso do indivíduo às cortes internacionais de justiça

Abstract

The present monograph considers to analyze the possibilities of the access of the individual to the international jurisdiction in the guardianship of the human rights, in view of the recent process of internationalization of these rights with the consequent recognition of international procedural capacity of the individual and the resistance of the States in favoring this access on behalf of its sovereignty. In truth, the human rights consecrated as inherent to the human being dignity, precedents and superiors to any form of political organization, detach the person human being of the private domain of the State to raise it to the condition of citizen of international law. In this direction, the relative norms to the protection and promotion of the cited rights have as only addressee the proper human being, for what its ingression in the international jurisdiction against the breaking of these disposals would be justified. However, although the recent formation of the systems of protection of the human rights, which encloses the clause of the individual petition, not yet has an effective application of this guarantee, either for the private authorization to the States in the acceptance of this norm, either for the extensive roll of requirements of admissibility to be filled, either for the absence, for times, of an international agency with judicial function. It is denoted, from there, that the International law of the Human Rights, even so has reached excellent success in the persecution of its protectives ends, remains subjected to the states interests and the bureaucratic impediments, which implies, in some systems, in a low effectiveness of the decisions in regards to the conviction of the States for the occured breakings. Therefore, it is necessary that if it carries through, concretely, the ideal of dignity of the human being, bedding of the human rights, in order to relativize the interest sovereign of the States and to facilitate, or even, to allow, from efficient perspectives, the ingression of the individual to the International Cuts of Justice in order to assure the support of its rights.