A efetividade das decisões judiciais em matéria de direitos humanos sob a perspectiva do estado demandado

Abstract

The effectiveness of jurisdictional provision is a challenge beyond the borders of the judiciary and needs to be discussed from the point of view of the other components of the justice system, especially in relation to the state as defendant. The approach held takes into account mainly postures and state conduct that are collaborating for the ineffectiveness of judicial decisions, such as intentional postponement or not in compliance with court decisions, lodging of appeals known to be doomed to failure, failure in the duty of completing the jurisdictional provision, lack of accountability of the agents that compete fraudulently or with intent to ineffectiveness, administrative disorganization and lack of planning.The study of the prosecution’s structure and its constitutional support in parallel with the genuine meaning of public interest being mentored by state prosecutors are assumptions for the understanding of some of these harmful behaviors to the effectiveness of court decisions, particularly when there are fundamental principles collision. From this perception, the traditional instruments of concreteness to decisions given established in the current civil procedural diploma and the new Code of Civil Procedure were analyzed, that to make it possible the current understanding of the problem and also the fact that the legislation does not seem to worry about the negative attitudes and behaviors of the state as a defendant. The duty of cooperation for the effectiveness of judicial protection by the state as a defendant, precepted in Portuguese doctrine, is a key issue for the behavioral changes of agents and institutions responsible for defending the public entity become remodeled.The reflexes of the public defense in the classical molds are harmful to the State itself and also to jurisdictional, that because they entail bureaucracy, economic losses, lack of quality materials and the weakening of the independence of public advocate and even more so should be revisited. The creation of an Assistant Attorney for Human Rights can help increase the effectiveness of judicial decisions, taking as starting point positive state attitudes and realize the detection of disputes with humanitarian nature and its implementation, without this implying availability of the public interest or defense even negative.