Supremo Tribunal Federal brasileiro e o controle de convencionalidade: levando a sério os tratados de direitos humanos

Abstract

This article aims to analyze the new role of the international human rights treaties in Brazil, in view of the Constitutional Amendment 45, which introduced the new paragraph third of the Constitution fifth article. To achieve this, the article analyses the so-called control of conventionality, exercised by the Brazilian Federal Supreme Court, focusing some trials in which the human rights treaties were interpreted by the Brazilian Courts using the jurisprudence of the Inter-American Court of Human Rights.