Criteria for reception of decisions on the crimes of contempt of the interamerican human rights system in the superior court of justice in light of the external conventionality control

Abstract

The article deals, in the light of conventional control, with the receipt of the recommendation of the Inter-American Human Rights System to decriminalize crimes of contempt by the Superior Court of Justice. The analysis is limited to two features that guide the Court’s positions: Special Appeal 1,640,084/SP and Habeas Corpus 379,269/MS. The method is inductive and bibliographic review and documentary analysis are used as research techniques. It is concluded that the Superior Court of Justice considered only decisions in which the State was party to the litigation, which rules out the reception through the mechanism of external conventionality control.

Keywords

• Desacato
• Liberdade de expressão
• Controle de convencionalidade