A hierarquia dos tratados internacionais de direitos humanos no ordenamento jurídico brasileiros após a ec. nº 45

Abstract

The aim of this work is the relations between the international law and the domestic law. It mentions the fundamental rights contained in the human rights, and relates it to the special protection given by the 1988 Federal Constitution to the fundamental rights. It is also about the controversy on the 2nd paragraph of the 5th article of the Constitution, regarding the hierarchic status of the international human rights treaties, analyzing the doctrine’s and the Supreme Federal Court’s positions. Finally, it mentions the new 3rd paragraph inserted in the 5th article of the Constitution by the 45th Constitutional Amendment in 2004. This paragraph gives the status of a Constitutional Amendment to the international human rights treaties which are approved in two readings, in each House of the National Congress, by three-fifths of the votes of the respective members. The implications, problems and consequences of this new rule are discussed and its possible interpretations are also studied.