CONVENTIONALITY DIFFUSED CONTROL: CASES OF Brazilian National Public Defender's Office
casos de atuação da Defensoria Pública da União
DOI:
https://doi.org/10.46901/revistadadpu.i14.p183-210Keywords:
Public Defender’s Office. International Human Rights Law. Conventionality Control. Dialogue between Courts.Abstract
The advancement of human rights implies in searching the observance of international treaties and conventions that establish rules of protection, promoting the development of the relation between Domestic and International Law. In this interaction, the conventionality control rises as a mechanism of human rights guardianship, by assessing the compatibility between the national legal framework and the international law rules. Brazil is inserted in the Interamerican System of Protection of Human Rights and admits the mandatory jurisdiction of the Interamerican Court of Human Rights, with the possibility of being prosecuted to the international accountability on human rights violations, forcing itself to implement those decisions. Besides the regional system, Brazil also is a member of the global human rights protection system. With that in mind, this article investigates the acting of Defensoria Pública da União (the Brazilian National Public Defender's Office) in the systematic of diffuse conventionality control, the one enforced by the domestic jurisdictional entities. The verification is that, even with certain limitations, the mechanism of conventionality control is an instrument to human rights protection, since it is related to the new doctrine that honors these rights and promotes a new interlocution between domestic and international law, focusing on the protection of the person.
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