Conventionality control and dialogue among courts: alternatives for conflicts resoltution between international sentences and internal law?

• Grant number: 13/25473-9
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2014
• End date: December 31, 2014
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Caio Gracco Pinheiro Dias
• Grantee: Alessandra Pela Sabbag
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

This paper discusses the analysis on the execution of international judgments in the brazilian legal system in the event that provisions of domestic law avoid states agents to act in order to comply with an iternational obligation. After all, the problems that arise when analyzing the relationship between national law and international order continue to cause controversy and calls for effective solutions, supported by the legal, social and political reality of the State involved. One of the great difficulties faced are potential conflicts that may occur due to competition between international treaties and domestic laws. Such confrontations will inevitably lead to disagreements between the positions of international and domestic courts, complicating the effectiveness of international decisions. That's what happens in cases to be analyzed in this research: one from the American Court of Human Rights and another from International Court of Justice because of the relation between both, which stems from the way the international legal system relates with the national legal system, which leads to the failure of decisions enacted from international bodies.A reasonable solution to this problem stems from the possibility of using some mechanisms by domestic and international courts, such as the conventionality control and the "Dialogue among Courts" used with the objective of ensuring greater harmonization to normative systems. From this analysis, we intend to reach possible solutions for the coexistence of decisions from different origins, avoiding future conflicts.