A ADPF 153 E O CASO HERZOG: UMA JUSTIÇA DE TRANSIÇÃO À BRASILEIRA

Authors

  • Adriele Priscila Sales Aragão Universidade Federal do Amapá
  • Daize Fernanda Wagner Universidade Federal do Amapá

DOI:

https://doi.org/10.21527/2317-5389.2019.14.128-150

Keywords:

Case of Herzog, Brazilian Federal Supreme Court, International Law of Human Rights, Inter-American Court of Human Rights, Transitional Justice.

Abstract

Assuming the idea that the Brazilian Federal Supreme Court would be omitting its function of comply with conventionality control, which would create embarrassment to the brazilian transitional justice, this article aims to investigate the Claim of Breach of Fundamental Precept 153 and the Case of Herzog, a recent decision of the Inter-American Court of Human Rights. Therefore, it resorts the doctrine of conventionality control and the perspective of the International Law of Human Rights in the respective cases. The main methodology was based on legal-purpose study, qualitative approach and bibliographic research. The results showed that the Brazilian Federal Supreme Court ignores the international debate on the internationalization of domestic law, confirming the hypothesis.

Author Biography

Adriele Priscila Sales Aragão, Universidade Federal do Amapá

Bacharel em Direito pela Universidade Federal do Amapá. Advogada.

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Published

2019-12-23

How to Cite

Sales Aragão, A. P., & Wagner, D. F. (2019). A ADPF 153 E O CASO HERZOG: UMA JUSTIÇA DE TRANSIÇÃO À BRASILEIRA. Revista Direitos Humanos E Democracia, 7(14), 128–150. https://doi.org/10.21527/2317-5389.2019.14.128-150

Issue

Vol. 7 No. 14 (2019): REVISTA DIREITOS HUMANOS E DEMOCRACIA

Section

ARTIGOS

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