A aplicação articulada do controle jurisdicional de convencionalidade e do reenvio prejudicial interamericano

Abstract

The effective interaction of international law with the national law is one of the major contemporary challenges in the field of international human rights law. In the case of the inter-American system of protection of human rights, the relationship between the Court of San José and the national courts is fundamental to the realization of the conventional rules and principles. Therefore, capable mechanisms are needed to promote an efficient and humanist jurisdictional collaboration. In the present work, two mechanisms that aims to strengthen the dialogue between the Inter-American Court of Human Rights and the magistrates of the States Parties to the Pact of San José are presented, in order to grant effectiveness to human rights also through the internal Judiciary Power. The mechanisms are the jurisdictional control of conventionality and the inter-american preliminary ruling. Besides being similar tools on the purpose of ensuring more effective protection of the rights of the human person and to foster a virtuous jurisdictional and jurisprudential dialogue, both can operate in a coordinated manner. It is this articulation the main theme of this monograph. It is the reflection work about the relationship between the duty to harmonize the national law with international norms held by the exercise of the jurisdictional control of conventionality, and the task of standardizing the interpretation and application of the inter-american corpus juris of human rights, enforced through the inter-american preliminary ruling.