Legal Hermeneutics and International Human Rights Treaties within Brazilian Law
DOI:
https://doi.org/10.14393/RFADIR-50.1.2022.55737.318-345Keywords:
International Treaties, Human Rights, Hierarchy, Legal HermeneuticsAbstract
Despite the fact that there has been 15 years since the implementation of the constitutional amendment number 45, which, between other changes, included the §3 of Art. 5. in the Federal Constitution, there hasn’t been yet a solution to many questions regarding the discipline of international human rights treaties in its relation to brazilian internal law, with special mention to the question concerning the hierachy of such treaties. The proposition on this article is to show the main positions that the doctrine and jurisprudence on these last 15 years, or even before, has put forward on this topic, and expose in which ways these understandings are capable of sustenting themselves when confronted with a sistematic interpretation of law.
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