The Normative Hierarchy of Treaties in Brazilian Legal System

Auteurs-es

Mots-clés :

International Law, Treaties, 1988 Federal Constitution, 1969 Vienna Convention on the Law of Treaties, Human Rights

Résumé

Through the Federal Supreme Court appeals’ analysis (appeal 80.004/SE and appeal 466.343/SP) regarding treaties’ hierarchical position and enforcement in the Brazilian legal system, this paper indicates, from a historical and deductive method, how Brazilian doctrinal and jurisprudential contributions have caused more issues than solutions to determine where treaties belong in Brazilian system order (especially regarding the relationship between international law and domestic law). A particular topic about human rights treaties have been written to show the logical flaws in terms of hermeneutic perspective whether is considered human rights treaties as a constitutional block or a supralegality (supralegalidade) hierarchical position. In the last topic, it is discussed how 1969 Vienna Convention on the Law of Treaties has undeniably influenced Brazilian treaties’ hermeneutics.

Biographie de l'auteur-e

Alex Silva Oliveira, University of Sao Paulo

Master Student of International Law in the Faculty of Law at University of Sao Paulo

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Publié-e

2019-09-09

Comment citer

Oliveira, A. S. (2019). The Normative Hierarchy of Treaties in Brazilian Legal System. PANORAMA OF BRAZILIAN LAW, 6(9-10), 245–261. Consulté à l’adresse https://www.e-publicacoes.uerj.br/pbl/article/view/36788

Numéro

Vol. 6 No. 9-10 (2018): PANORAMA OF BRAZILIAN LAW

Rubrique

Articles

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