THE APPLICATION OF TREATIES AND THE DOCTRINE OF CONVENTIONALITY CONTROL: LEGAL BASES AND EFFECTIVENESS

Abstract

This study aims to present the understanding of the application of treaties, using for this purpose the doctrine of Conventionality Control, highlighting its role as an instrument for strengthening and enforcement of International Law and Human Rights. Thus, it is demonstrated how this tool was developed in the midst of the Inter-American Human Rights System and how it has been implemented by both the Inter-American Court of Human Rights and the national courts. It carries out to historical coverage on the national implementation of treaties by domestic courts, demonstrating how the Supreme Court of Brazil has positioned itself on the status of treaties ratified by the government, and thus analyzing the possibility of control of internal rules for international diplomas ratified by the State, considering the innovations introduced by the new Civil Procedure Code. Later, it moves on to the construction of Conventionality Control with the approach of the Inter-American Court of Human Rights about its application, and the application of this doctrine by the Brazilian judiciary