The conventionality control and transformations in contemporany constitucionalism: ADPF 153 and the decision on the inter-american court of human rigths in the Gomes Lund case

• Autor(a) principal: Antunes, Fernando Luis Coelho
• Data de Publicação: 2017
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/28074
• topic: Constitutionalism. Conventionality control. Transconstitutionalism. Inter-American Court of Human Rights; Constitucionalismo; Controle de convencionalidade; Transconstitucionalismo; Corte Interamericana de Direitos Humanos.

The aim of this article is to discuss the transformations in contemporary constitutionalism and the impact on national constitutional law, especially in the control of constitutionality of laws, in the context of the transconstitutionalism and in view of the perspective of conventionality control being used in Brazil, considering the tension between the (ADPF) n ? 153/DF by the Federal Supreme Court (STF) in 2010 and, in the same year, the decision of the Inter-American Court of Human Rights in the Gomes Lund case, which condemned the Brazilian State for crimes committed in the Guerrilla of Araguaia. This matter also raises questions about the influence of international human rights law in domestic law and remains open in Brazil, since the STF has not yet adjudicated the declaration embargoes proposed by the Federal Council of the OAB in the ADPF n ? 153 and a new ADPF, n ?320/DF, in order to question the effects of the Amnesty Law of 1979 before the condemnation of Brazil in the Gomes Lund case in the Inter-American Court of Human Rights and to request full compliance with the decision points of the judgment of the Inter-American Court of Human Rights by the Brazilian State. The work will therefore use the critical-analytical methodology and examine the new trends of constitutionalism in an interdisciplinary way, with an emphasis on constitutional law, international law and international human rights, as well as on transitional justice and the rule of law memory and truth in the country.