CONTROLE DE CONVENCIONALIDADE E DESAFIOS DE INTEGRAÇÃO NORMATIVA À LUZ DA LEI DA ANISTIA E DO CASO GOMES LUND E OUTROS VS. BRASIL

Abstract

This study addresses the need to apply the institute of conventionality control in Brazil, based on the analysis of the concrete case judged by the Inter-American Court of Human Rights, Gomes Lund y Otros (Guerrilha do Araguaia) vs. Brazil, and how the case brought the realization that the Brazilian Amnesty Law needs to have its conventionality valued, since the bilateral amnesty granted goes against the main human rights treaties ratified by Brazil. Initially, the emergence of the Inter-American System of Human Rights was analyzed from the perspective of the internationalization of human rights, in the post-World War II scenario and the Holocaust, in order to demonstrate the creation of the Inter-American Court of Human Rights and its procedure. Then, based on the definition of conventionality control as a mechanism for adapting the domestic legal system to international human rights treaties and conventions, the difficulties of implementing the institute were addressed, as well as the cases in which conventionality control was applied. successfully. Finally, the case of the Guerrilha do Araguaia and the repercussions of the Judgment handed down by the Court on Brazilian domestic law were discussed. The study was developed through a bibliographic review, seeking to explain the proposed problem from the doctrine based on International Law; the document analysis was carried out from Conventions, Treaties, Laws, Resolutions and Sentences and the comparative method was used to make a parallel between the American Convention on Human Rights and Brazilian domestic law.