Author(s) José Armando Oliveira Barbosa
Advisor(s) Maria de Assunção do Vale Pereira
Synopsis This Master’s dissertation under the title “The equity of human rights in the postarmed conflicts reconstruction” is about the practical application of the human rights defense in situations whose belligerents’ states get away from the peoples inalienable fundamental rights. The intervention’s relevance in any phase of an armed conflict is that the rule of law vanishes and also the principles’ and norms derogation as legality pillars of the society make the implementation of alternative norms in order to humanize the conflict, the states of war and to stop the impetus from the battles. It is on this scenery that we did our research whose purpose is to analyze the action or inaction of the intervenient (individually or institutionally) and the respective visibility in what concerns the responsibility to protect in general terms and particularly the responsibility to reconstruct connecting this perspective with the equality concept and the intervention efficacy and to assure the human rights in armed conflicts in general and in the post armed conflicts reconstruction specifically. In this presuppose the six chapters that follow were developed in an evolutionary line similar to the traditional conflict progression, subordinated to their self development on the different stages. Under a simultaneous diachronic and synchronic bases we have started by the relevant theme in the actuality on chapter I; the concepts evolution, norms and tutelage forms on chapter II and the armed conflicts rule of law in their various strands on chapter III. We dedicated chapter IV and V to the reconstruction and the consolidation of peace where we placed our research effort after a previous framework on the norms and conventions where we focused our efforts keeping in mind the initial framework about the legal aspects, principles and human rights norms, related with the International Humanitarian Law, having for presuppose the visibility of the intervention, the reality and accuracy on the field. Also, we presented cases of reconstruction which we felt was important to stand out. Finally, on chapter VI analyzing under the empiric point of view the reality on the field and the reconstruction responsibility we realize that the discrepancy between the theory, norms and principles and the reality of the intervention concerning the equity or lack of efficacy which throughout the History of mankind hasn’t been able to prevent situations of barbarism.
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