Controle jurisdicional de convencionalidade do crime de desacato e suas implicações no estado democrático de direito

• Autor(a) principal: Corrêa, Mariane Carvalho
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5718
• topic: Liberdade de expressão; Constituição federal; Princípios; Direito penal

The object of study of this monograph presupposes the analysis of the in(compatibility) of the crime of contempt with the Brazilian constitutional legal order and the American Convention of Human Rights, from the point of view of the rights to freedom of expression and free manifestation of thought. To do so, the crime of contempt was analyzed, explaining the aspects necessary for its proper understanding. Next, an approach was taken on how the internationalization of the American Convention on Human Rights (Pact of San José of Costa Rica) in the Brazilian legal system took place, entering into the sphere of discussion on the hierarchy of international human rights treaties. Judicial control of conventionality was studied as a legitimate means to remedy the possible incompatibility of conflicting infraconstitutional laws with the American Convention on Human Rights, demonstrating the conflict of jurisprudence on the (de)criminalization of this crime among the Superior Courts. In order to make the work, the exploratory research was used. Regarding the approach applied to the present study, it was used the qualitative one. As for the procedure used for data collection, the bibliographic and documentary form was adopted. The study demonstrates the incompatibility of the crime of contempt with the foundations of the American Convention on Human Rights and fundamental rights provided for in the Constitution. Based on the data of the research, it was possible to conclude that the decriminalization of the crime of desacato constitutes the viable and necessary means for the exercise of the rights of freedom of expression and free manifestation of the thought, being able to be used of other means of protection to the public official for the punishment of exacerbated offenses.