Controle de convencionalidade das leis - compatibilidade entre normas de Direito internacional e normas de Direito interno

Abstract

This study addresses the conventionality control, whose purpose is to ascertain the infraconstitutional rules’ compatibility before the international treaties in force at a certain country, in addition to being identified as one of the 4 (four) existing categories of internal normative production control (the other categories are the legality, supra-legality and contitutionality control). The methodology used was theoretical-dogmatic research, using a deductive method, aiming to analyze the institute in the light of the Federal Constitution, examining its fundamentals and role as material limit of national normative production, as well as its use by the jurists as an instrument able to settle a casual conflict between international and domestic law. Achieving these objectives, it was possible to verify that, even though the Brazilian Supreme Court and the doctrine disagree about the position occupied by internacional human rights treaties in the internal legal system, all judges must apply, taking into account the pro homine principle, the rule that most protects the rights of the parties concerned.