Abstract

MESQUITA CEIA, Eleonora. Constitution and international human rights treaties: an ambivalent relation in brazilian law. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2016, vol.46, n.125, pp.357-383. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v46n125.a06.

The article aims to examine the divergent positions of the doctrine, the Supreme Federal Court and the constituent on the relationship between the Constitution and international human rights treaties in Brazil. They are conflicting interpretations of the few constitutional rules related to the matter, prevailing a conservative position in favor of the formal supremacy of the Constitution, rather than promoting a constructive dialogue between internal and international norms on the protection of human rights. The goal is to highlight the consequences of the dominant model in Brazilian law for the State's commitment to the human rights protection, at both domestic and international levels.

Keywords : International treaties; Constitution; human rights; Supreme Federal Court; Brazil.

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