Conflito entre tratado internacional de direitos humanos e a constituição federal

Abstract

The present work aims to bring into debate a matter that is still far from being exhausted: the conflicts between the Federal Constitution and legal requirements incorporated to legal order through international treaties. This research was not set exclusively through one line of interpretation, considering that the matter, due to the motivational magnitude of interests and sober states, involves different doctrinal interpretations. Therefore, the goal was to describe how International Human Rights Treaties were internalised in our laws; what procedures are necessary for such agreements to be incorporated; the different doctrines – in relation to national and international hierarchy –; the jurisprudence currently established and, mainly, what is debated about the legal hierarchy and how it influences the sovereignty of a State. For this purpose, a research was made for information related to the subject. From the data obtained, it is possible to observe that there is great importance in aligning Brazil with the recommendations and guidelines, which are the basis of these organizations. Currently, Brazil is a signatory to the main Treaties, a fact that corroborates the need for more discussion on the subject among the actors of law. Within the scope of international relations, in sum, it infers that the debates about how international organizations and/or treaties affect the country is fundamental, since there is a tendency to accelerate the effects of the phenomenon of globalization over States laws.