estudos em homenagem à Profa. Flávia Piovesan
by Flávia de Almeida Viveiros de Castro, Thiago Brandão de Almeida, Thiago Aleluia Ferreira de Oliveira, Katia Balbino de Carvalho Ferreira, João Filho de Almeida Portela, Rebeca de Mendonça Lima, Iracy Ribeiro Mangueira Marques, Cristina Tereza Gaulia
2023 · 173 pages
"The subject of Conventionality Control has been gaining momentum within the legal-academic landscape and in the practice of Brazilian courts. It entails analyzing the compatibility between domestic legal norms and those enshrined in international treaties and conventions to which Brazil is a signatory. The effective implementation of conventionality control seeks to enhance the defense of human rights from a global perspective. As noted by Boutros Ghali, the emphasis on human rights protection transcends its parochial, national, and even regional perspectives to assume the universal prominence it holds among peoples—encompassing all of humanity, breaking down borders, and taking on a global dimension. The book now presented to interested readers is the fruit of research conducted by Brazilian judges from various states of the federation and different courts. They selected judicial decisions in which conventionality control was applied—sometimes subtly, at other times incisively—always with the aim of highlighting the compatibility between the defense of fundamental rights and the treaties and conventions ratified by Brazil, which are, therefore, binding upon all. Conventionality control is an imperative. Following Recommendation No. 123 of the National Council of Justice, it has become even more urgent for Brazilian courts to acquire the knowledge and adopt the practice of observing international human rights treaties and conventions, as well as utilizing the case law of the Inter-American Court of Human Rights. This work serves as an example of just how enriching this new path is for the judges of this country to follow. Reading it is, undoubtedly, relevant—and indeed indispensable—for anyone engaged in the study and contemplation of human rights within Brazil." -- Back cover (translated).
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