Diálogo entre Cortes no controle difuso de convencionalidade: e o Papel do Judiciário Brasileiro no Cumprimento das Decisões da Corte Interamericana de Direitos Humanos

Abstract

Th is paper aims to address about the interjudicial dialogue established between the Brazilian courts and Inter-American Court of Human Rights in the exercise of conventionality control, and the relationship between national courts and the Inter-American Court of Human Rights on the recognition and enforcement by those of international decisions this. It also aims to expose the internal regulatory instruments that impose this interaction and challenges to fi rm up a regulatory framework in this area. Th e problem is to solve the following questions: a Interamericna Court of Human Rights, based on the American Convention imposed a diff use control of conventionality? To what extent the conventionality of control theory prints a interjudicial binding dialogue to national courts? Finally, recognition of the direct enforceability of judgments in inter-American jurisdiction thirst for human rights protection possible? Our hypothesis is based on the diff erence between the legal nature of the procedure and the effi cacy of a foreign judgment and an international decision and the imperative transnational legal certainty of human rights. Th e issue is also to ascertain: what possible functions of the Supreme Court, as the national court to internally develop the inter-American human rights system? Th e methodology used in this work is the doctrinal and jurisprudential analysis on the topic.

Keywords

• Constitutional right
• human rights
• inter jurisdiction
• Diff use control of conventionality
• enforceability sentences international
• autonomy and independence national courts