O monismo dialógico e seus instrumentos de resolução de conflitos normativos que envolvam direitos humanos.

Abstract

The present monograph deals with the subjects of the conflicts existing between the domestic and international legal orders, given that, with regards to the Public International Law (PIL) it is perceived that this theme is unsettling. Thereby, it will be discussed the possibility of mitigating the problematic of the conflicts between the international and national juridical spheres, when it is based on the monist dialogical internationalist theory, mainly with respect to the international norms that deal with human rights, privileging the application of the pro homine interpretative principle. Initially, from this perspective, theories that attempt to explain the relationship between the two legal orders will be approached, highlighting the Dualist and Monist theories in their various meanings. Subsequently, the sources of the PIL as mechanisms for the integration and harmonization of existing legal conflicts between domestic and international norms will be analyzed, more specifically with regards to general international treaties and those concerning human rights. Finally, transconstitutionalism and the control of conventionality will be examined as dialogical instruments pertinent to the resolution of controversies arising from postmodernity law. Moreover, the deductive method was used for the formulation of the research, which is based on general premises to achieve particular conclusions in line with the bibliographic research technique, since information was collected in doctrinal works and articles, emphasizing the qualitative character of the study, while a greater focus was given to legal phenomena that occur in society.