CONVENTIONALITY CONTROL: Legal Integration and Advanced Protection of Human Rights

Abstract

This study explores the control of conventionality as a supplementary mechanism for the protection of fundamental rights and of relevance to the strengthening of constitutional guarantees, with the alignment of internal norms with international standards in the protection of human rights. Based on a qualitative literature review and deductive analysis, the main objective is to verify its current contours and examine a way of resolving possible conflicts between domestic and international standards, considering the need to guarantee the protection of human rights and human dignity. The central hypothesis is that the control of conventionality must integrate internal and international norms aiming at harmony in the protection of these, whose complementarity of norms contributes to a more favorable interpretation of these rights. Conventionality control is fundamental in ensuring that domestic laws are in compliance with the Constitution and ratified international treaties, promoting a balance between different legal sources. The article details the importance of this control in preserving human rights based on a practical approach that is essential to the conformity of national legislation to global standards in the effectiveness and uniformity in the application of these rights. The surveys lead to the understanding that integration and respect between internal and international standards are essential to guarantee robust protection of fundamental and human rights.