Dialogue between courts and precedents in Brazilian Civil Process: integration in the jurisprudence of the Interamerican Court of Human Rights in upper and subnational tribunals

• Autor(a) principal: Aguiar Filho, Valfredo de Andrade
• Data de Publicação: 2022
• Outros Autores: Liziero, Leonam Baesso da Silva, Del Masso, Fabiano Dolenc
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica Cesumar - Mestrado (Online)
• Texto Completo: https://periodicos.unicesumar.edu.br/index.php/revjuridica/article/view/11044
• topic: Dialogue between courts; Court power; Precedents; Diálogo entre cortes; Poder judiciario; Precedentes; Diálogo entre cortes; Poder judiciário; Precedentes; Processo Civil

The dialogue between courts of justice in Brazil, with regard to a horizontal dialogue between subnational tribunals and with regard to the vertical dialogue between subnational tribunals and upper courts with the Human Rights InterAmerican Court is analyzed. Since all tribunals are obliged to obey agreements on human rights within the standards interpreted by the Court´s consultative opinions and sentences, these courts somewhat become InterAmerican Tribunals and Judges. This widening of meaning underlines the synergy with the recent Recommendation of the National Council for Justice which ruled that the Courts should observe agreements on Human Rights in Brazil and comply to decisions on human rights of the InterAmerican Court of Justice due to the need to control of conventionality of national laws. The jurisdictions of guarantees through the Court aim at guarding fundamental and human rights. It may be developed through constitutional jurisdiction and with Human Rights jurisdiction exercised by the International Courts for the interpretation of International Law. Further, this jurisdiction has a greater ambience than the InterAmerican Commission for Human Rights.