CONTROLE DE CONVENCIONALIDADE E MINISTÉRIO PÚBLICO: UMA ANÁLISE JURÍDICA DA ATUAÇÃO DO PARQUET ANTE AOS CASOS JULGADOS PELA CORTE INTERAMERICANA DE DIREITOS HUMANOS EM FACE DO ESTADO BRASILEIRO

Abstract

The present work is going to have as the object of study the action of the Public Prosecutor’s Office in the Conventionality Control, taking from analysis examples cases judged by the Inter- American Court of Human Rights in face of the Brazilian State, and how such action takes place in the face of the legal national reality, having as its main theoretical reference the recent work of Professor Dr. Valério de Oliveira Mazzuoli, “Conventionality Control by the Public Prosecutor’s Office”. Having as its main issue the legal possibility of the Public Prosecutor's Office to exercise conventionality control and whether its use can reinforce the legal culture of human rights, the research is divided into three parts: the first is dedicated to the approach of the Public Prosecutor's Office itself as an essential institution to Justice, its legal nature, principles, and functions. The second part encompasses the Conventionality Control through a doctrinal perspective, its general definitions, and its role concerning Human Rights. The third part revolves around how conventionality control can be exercised by the Public Prosecutor's Office, as an agent of custos juris (the inspector of all the laws in force in the country, including those arising from treaties). Examples of practical cases are used, being namely those judged by the Inter-American Court of Human Rights in face of the Brazilian State, and how the conventional exercise of the Public Prosecutor's Office took place in them. Thus, it concludes by the continuity of the said control exercise by the Parquet, as not only a legal agent but also a social one, whose action builds and reinforces the pillars of the promotion and defense of Human Rights in Brazil. Thereby, the methodological contribution used is a dogmatic legal study of a qualitative nature, which will make use of the deductive method, with exploratory and descriptive approaches, with bibliographic and documentary surveys, in addition to the analysis of doctrinal content, especially in the theoretical basis, as well as jurisprudence.