Banca de QUALIFICAÇÃO: BEATRIZ LODONIO DANTAS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : BEATRIZ LODONIO DANTAS
DATE: 26/03/2024
TIME: 10:00
LOCAL: Ambiente Virtual
TITLE:

THE EXERCISE OF CONVENTIONALITY CONTROL BY THE BRAZILIAN SUPREME COURT AND THE SUPERIOR COURT OF JUSTICE AND THEIR INCIPIENT CONTRIBUTION TO IUS CONSTITUTIONALE COMMUNE IN LATIN AMERICA

KEY WORDS:

Latin-American Ius Constitutionale Commune; Conventionality control; Brazilian Supreme Court; Superior Court of Justice; Inter-American System for the Protection of Human Rights.

PAGES: 106
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Domestic conventionality control, understood as that exercised by the States Parties to the Inter-American System for the Protection of Human Rights, has a lot to contribute to the improvement of the Latin American Ius Constitutionale Commune. This is because domestic conventionality control is the flagship for the development of this regional transformative constitutionalism, insofar as the States Parties draw up common parameters to deal with common problems experienced in the Latin American region. In this sense, the higher courts play a fundamental role in the exercise of domestic conventionality control, as they establish and develop the precedents and jurisprudence to be followed by judges and courts of first and second degree jurisdiction. Thus, the question arises: how domestic conventionality control is exercised by the Brazilian Supreme Court and Superior Court of Justice conform to the Latin American Ius Constitutionale Commune model? It is based on the hypothesis that the domestic conventionality control exercised by the aforementioned non-specialized higher courts in Brazil is still considerably limited to the classic paradigm of conventionality control, permeated by strong statism, the invalidation of effects and their non-realization ex officio, instead of the model of domestic conventionality control in line with the Latin American Ius Constitutionale Commune, which is marked by the plurality of sources of law, by the overcoming of the classic paradigm of state sovereignty, by the declaration of ineffectiveness and by its realization ex officio. Thus, this dissertation seeks to investigate the correspondence between the domestic conventionality control exercised by the Brazilian Supreme Court and the Superior Court of Justice and the promotion of human rights proposed by the Latin American Ius Constitutionale Commune. To this end, it is necessary to achieve the following specific objectives: i) to address the general panorama of the Latin American Ius Constitutionale Commune, emphasizing the relationship between national legal systems and the Inter-American System for the Protection of Human Rights, highlighting the work of the Inter-American Court of Human Rights and the tools used to form the Latin American Ius Constitutionale Commune; ii) discuss the development of the theory of conventionality control and its instrumentalization in Brazil; iii) analyze how conventionality control is exercised by the Brazilian Supreme Court and the Superior Court of Justice; and, iv) understand the contributions and impulses of the aforementioned courts to the improvement of the Latin American Ius Constitutionale Commune. This study is of an applied nature and the procedural techniques adopted were documentary, bibliographical and jurisprudential research. The research is justified by the fact that this topic is directly related to Recommendation No. 123/2022 of the National Council of Justice and Sustainable Development Goal No. 16 of the 2030 Agenda. Through this scientific investigation, it was found that the National Council of Justice has made great efforts to promote the application of human rights, vertical interjurisdictional dialogue and the exercise of conventionality control in the country, but Brazilian domestic conventionality control exercised by non-specialized higher courts still falls short of the conventionality control model required by the Latin American Ius Constitutionale Commune.

COMMITTEE MEMBERS:
Interno - 1051231 - LUCIANO ATHAYDE CHAVES
Interna - 1259912 - RENATA OLIVEIRA ALMEIDA MENEZES
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA