LEGAL GROUNDS FOR OVERCOMING THE FALSE DICHOTOMY BETWEEN INTERNATIONAL HUMAN RIGHTS LAW AND BRAZILIAN DOMESTIC LAW FROM THE INTER-AMERICAN NORMATIVE AND JURISPRUDENTIAL EXPERIENCE

• Autor(a) principal: BELTRAMELLI NETO, SILVIO
• Data de Publicação: 2023
• Outros Autores: PULZATTO PERUZZO, PEDRO
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Pensamento Jurídico
• Texto Completo: https://ojs.unialfa.com.br/index.php/pensamentojuridico/article/view/724

Based on the norms and jurisprudence of the Inter-American System of Human Rights this article aims to address the duty to enforce the norms deriving from international human rights treaties and organizations in the domestic sphere, confronting the main arguments that hinder their observance, especially when placed in the perspective of state sovereignty. Primarily, it will first consider issues related to the incorporation of treaties in Brazil, seeking to clarify some distinctions and present the connections between domestic and international responsibility arising from this incorporation. In a second moment, the article will address the enforcement of these international norms, considering decisions and guidelines issued by the Inter-American System of Human Rights. This analysis is intended to qualify not only the studies and theses that seek a way to strengthen international cooperation for the solution of global problems that go beyond the limits of the borders of national states, in the exercise of international human rights institutions, but also to qualify the criticisms that often start from doctrines written before the structuring of international mechanisms or without consideration of facts that have implications for their functioning and their purposes.