APLICAÇÃO DO CONTROLE DE CONVENCIONALIDADE DOS TRATADOS INTERNACIONAIS DE DIREITOS HUMANOS PELO SUPREMO TRIBUNAL FEDERAL1

• Autor(a) principal: Bezerra, Vinícius Tiago Gomes
• Data de Publicação: 2016
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFRN
• Texto Completo: https://repositorio.ufrn.br/handle/123456789/42779
• topic: Tratados Internacionais de Direitos Humanos; Supremo Tribunal Federal; Controle de Convencionalidade

In recent years, the topic of convention control has been prominent in the legal world, especially after Constitutional Amendment 45 of December 30, 2004. This norm promoted an important reform in the Federal Constitution of 1988, among them the insertion of paragraph 3, to Article 5, giving the possibility of the Human Rights Treaties to be equivalent to Constitutional Amendments. With this new normative, the Federal Supreme Court changed its jurisprudential interpretation to apply the control of conventionality in its most recent decisions. Based on digitized or printed scientific articles and books by authors specialized in the subject, this study has as object of research the so-called conventionality control, with the objective of analyzing whether the Federal Supreme Court has applied this legal instrument in its decisions and, if Negative, check the reasons and solutions to the problem. It aims to address the origins and the concept of control of conventionality, the types of control of conventionality: diffuse and concentrated, as well as the application of this type of control, presenting, by way of illustration, some emblematic cases judged and decided by the Federal Supreme Court , Mentioning, in the end, the importance of conducting the jurisprudential dialogue between the domestic courts and the HDI Courts and the application by the Supreme Court of the jurisprudence of the Inter-American Court of Human Rights.