Human Rights Treaties after the Amendment to the Constitution No. 45/2004 : The Convention on the Rights of Persons with Disabilities

Abstract

It is analyzing the legal status of human rights treaties in the Brazilian legal system, in view of the changes introduced by the Amendment to the Constitution n. 45/04, known as the Judiciary Reform. Such amendment brought the possibility of the human rights treaties being likened to constitutional amendments and therefore have constitutional legal status. However, he remained silent with regard to approved treated before its enactment. However, the Supreme Court gave supra-legal status to that treaty. Must be examined to what extent this constitutional change brought greater protection of human rights, therefore it closely examines the Convention on the Rights of Persons with Disabilities, adopted in the form of paragraph 3 of article 5 of the Federal Constitution of 1988.