The resistance of the Brazilian Supreme Court towards the conventionality control
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Graduate program
Undergraduate course
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Publisher
Univ Estado Rio De Janeiro, Fac Direito
Type
Article
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Acesso restrito
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Abstract
This article takes on board the resistance of the Brazilian Supreme Court in realizing the dialogue between courts, for say, analyzing and considering the international judicial decisions in matter of human rights when judging paradigmatic cases. Based on the human rights double control theory, it intends to demonstrate that, during the legal trial of the ADPF n. 153, by avoiding to considerate the international commitments in terms of human rights, the Federal Court maintained its nationalist posture.
Description
Keywords
International Treaties of Human Rights, Courts in dialogue, Human Rights Double Control
Language
Portuguese
Citation
Direito E Praxis. Rio De Janeiro: Univ Estado Rio De Janeiro, Fac Direito, v. 6, n. 3, p. 228-250, 2015.
