Brazil's New Conventionality Control: Transition from Dualistic to Monistic Human Rights Protection in Brazil

• In Event: Democracy and Human Rights

Abstract

This paper aims to study the theoretical and pragmatic foundations, of a historical, legal, and political nature, that give rise to CNMP Recommendation No. 96, of February 28, 2023 and the direct enforcement of international human rights treaties by means of control of conventionality in Brazil. This recommendation sets a somewhat innovative precedent by the National Council of the Public Ministry, since the control of conventionality is no longer carried out by the Judiciary alone. The hypothesis of this work is that this attitude of the Public Ministry puts it in a position of protagonism and vanguard in the introduction of conventionality control in Brazil and the transformation of the Brazilian dualist system. Therefore, this research proceeds to make analytical comments on the main and most innovative aspects of the recommendation, as well as the consolidation of monist procedures for the enforcement of International Human Rights Law in Brazil.

Authors

• Diogo de Almeida Viana dos Santos, UEMA State University of Maranhão, CEUMA University - Brazil

• Guilherme Saldanha Santana, Universidade CEUMA - Brazil

• Victor Lucas Queiroz Braga, CEUMA University - Brazil