A consolidação do controle de convencionalidade difuso na jurisdição interna brasileira como ferramenta de proteção dos direito humanos: avanços e desafios

Abstract

This study analyzes the process of consolidation of diffuse conventionality control within the Brazilian domestic jurisdiction as a mechanism for the protection of human rights, in light of the jurisprudence of the Inter-American Court of Human Rights and the framework of multilevel constitutionalism. Initially, it examines the historical and legal foundations of conventionality control within the Inter-American Human Rights System, emphasizing its transformative character and the role assigned to national judges in aligning domestic law with conventional standards. Subsequently, the study analyzes the pro homine principle as the axiological and hermeneutic axis of conventionality control, highlighting its integrative function in a plural and interdependent legal system. Finally, it investigates the application of diffuse conventionality control in the Brazilian judiciary, identifying normative advances as well as structural and cultural obstacles to its effective implementation. The research adopts a mixed, descriptive and exploratory approach, based on bibliographic, documentary, jurisprudential and empirical analysis. It concludes that the effective consolidation of diffuse conventionality control in Brazil depends less on normative innovation and more on overcoming educational and hermeneutic deficits, with the transformation of the national legal culture being essential to the effective protection of human dignity.