A (IN)EFETIVIDADE DO CONTROLE DE CONVENCIONALIDADE E AS NORMAS CONSTITUCIONAIS E INCONVENCIONAIS SOB A ÓTICA DA SUPREMACIA CONSTITUCIONAL BRASILEIRA

Abstract

This study intends to present the (in) effectiveness of the control of conventionality as mechanisms of harmonization between internal and external legal systems, notably, in view of international human rights conventions and treaties incorporated by Brazil, either with constitutional amendment status or with supralegal nature, especially CADH. Failure to comply with international regulations has already led Brazil to be held accountable and constitutional norms to have their unconventionality declared internationally. Thus, the reasons for the (in) effectiveness of this mechanism in Brazil and the principle of constitutional supremacy as an argument vector for its inapplicability.