O SISTEMA INTERAMERICANO DE DIREITOS HUMANOS E O DIÁLOGO ENTRE CORTES

O SUPREMO TRIBUNAL FEDERAL COMO GARANTIDOR DOS COMPROMISSOS FIRMADOS PELO ESTADO BRASILEIRO?

Abstract

This article seeks to investigate whether the Brazilian Supreme Court has functioned as a guarantor of the commitments made by the Brazilian State, notably with regard to the American Convention on Human Rights and the decisions of the Inter-American Court of Human Rights, through a study of ADPFs 347 and 635. To this end, the hypothetical-deductive method and bibliographic-documentary research are used. It is concluded that in the two cases analyzed, the Brazilian Supreme Court acted, in fact, as guarantor of the commitments signed by the Brazilian State. This action demonstrates the Court's openness to demands involving the protection of human rights and its inclination to exercise the countermajoritarian function, essential in States in which there are large gaps between the formal commitments assumed by it and the social reality. It is concluded that the need to submit problems whose solution was already foreseen in treaties ratified by Brazil and in the the Inter-American Court’s decisions, however, also demonstrates the state-centrism still present in Brazil, since international devices and decisions, in order to be effective, still depend on the approval of the Brazilian Supreme Court.