The protection of Human Rights norms without State coercion

Resumo

The present study, divided into seven chapters, aims to investigate the legal nature of Human Rights norms whose implementation is not immediately supported by state coercion. As to the research problem, the legal nature and purpose of Human Rights norms that have such characteristics are questioned. The initial hypothesis is centered on the assertion that Human Rights norms not supported by state coercive protection have the nature of legal promises only and are intended to cushion conflicts within society, keeping the unassisted groups in a state of inertia, on the expectation that, in the future, they will be beneficiaries of what is only promised to them at the moment. The research was guided by the application of the method of deductive approach, initially investigating the general concepts of what we call Law in the strict sense, using mainly the studies of Derrida, Douzinas, Kelsen and Hart, which support that there is no law unless it is supported by state coercive force.