Tutela Multinível e Compliace dos Instrumentos Internacionais de Direitos Humanos nos Tribunais Nacionais

Abstract

This study analyzes compliance with international human rights instruments, as demonstrated by multilevel tutelage in the review of conventionality exercised by local courts. Brazil lacks in-depth studies on multilevel tutelage of human rights; therefore, this article aims to understand the application of international human rights instruments by Brazilian courts and their implications for the country's compliance with these instruments. This study seeks to investigate the application of the Pact of San José, Costa Rica (American Convention on Human Rights) by analyzing the decisions of the following courts: the Court of Justice of the state of Rio Grande do Sul (TJ-RS), the Federal Regional Court of the 4th Region (TRF4), the Court of Justice of the state of Pernambuco (TJ-PE), the Federal Regional Court of the 5th Region (TRF5), the Court of Justice of Mato Grosso do Sul (TJ-MS), and the Federal Regional Court of the 3rd Region (TRF3). This study examines the application of conventionality control to determine whether the documentation of the Superior Courts, the Federal Supreme Court (STF), and the Superior Court of Justice (STJ), has been maintained over the past decade (2014-2024). The result is that both the Lower and Superior Courts are aligned in not applying international human rights instruments in the country, as they prefer to apply the Federal Constitution, with its application restricted to a few specific cases and used in most cases as a secondary argument to the Constitution. The analysis is characterized as empirical, quantitative, qualitative, descriptive, exploratory, bibliographical, documentary, and survey research.