O CRIME DE DESACATO NO ENTENDIMENTO DO SUPERIOR TRIBUNAL DE JUSTIÇA COM FUNDAMENTO NO CONTROLE DE CONVENCIONALIDADE

Abstract

The general objective of the work was to verify whether the crime of contempt is invalid because it contradicts the American Convention on Human Rights. The research methodology adopted was the case study of Special Appeal No. 1.640.084/SP, judged by the Superior Court of Justice (STJ). Contempt is not a crime, according to the STJ, as it is a crime that conflicts with the American Convention on Human Rights, of which Brazil is a signatory. Despite this, non-criminalization does not prevent a person from escaping justice, and may be indicted for slander, defamation, etc., for the event of aggression through obscene words or gestures. The decriminalization of conduct does not give the right to utter offensive words. What has been changed is the impossibility of convicting a person, in the criminal sphere, for contempt of authority.