THE LEGAL CONTROL OF CONVENTIONALITY:

ANALYSIS BY THE SUPREME FEDERAL COURT OF INTERNATIONAL SUPRALEGAL TREATY

Abstract

 This article deals the possibility of conventionality control of a supralegal Human Rights Treaty by the Supremo Tribunal Federal. The problem is centered on the possibility of the STF, in a diffuse way, do the compatibility of infraconstitutional norms or constitutional norm having as parameter International Human Rights norm not internalized by the rite of third paragraph of fifth article of the Federal Constitution. The hypothesis is that due to the materially constitutional character of the Human Rights Treaties and the non-exclusion from the scope of the fundamental rights of these norms, as stated in second paragraph of fifth article of the Federal Constitution of Brazil, the national Supreme Court can do the conventionality control, using these rules as a paradigm. The work has the general objective of verifying the jurisdictional competence of the STF to control the conventionality of national norms in relation to international human rights treaties not internalized by the qualified quorum. Finally, verify that Human Rights are rules of a material constitutional nature and deserve the protection of the Supreme Court. The approach method used was the deductive and the bibliographic research technique.

Keywords: Conventionality Control; Supremo Tribunal Federal; Human Rights; Supralegality; International Law.