THE DISSONANT POSITION OF THE SUPREME FEDERAL COURT IN FRONT OF THE JURISPRUDENCE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS AND THE NEED FOR OPENING THE BRAZILIAN LEGAL ORDER TO INTERNATIONAL LAW – THE CASE OF RECURRENCE AS AN AGGRAVANT OF PENALTY
Palavras-chave:International law. Inter-American Court of Human Rights. Dialogue
This paper intends to demonstrate the need for opening the Brazilian legal order to international law, in order to harmonize the commands and perspectives. Only in this way, will there be an effective protection of human rights. Only if the internal system accept truly and recognize the international system, can the commands to protect human rights be implemented effectively. In order to develop this study, the institute of recidivism was analysed under the IACHR, Brazilian and Argentinian perspectives. It was possible to verify that there is still a discrepancy between Brazilian order and the commands of the IACHR which shows fragility in the protection and implementation of human rights. Using Neves’s theory, it is possible realize that a constructive and permanent dialogue is need between these order in order to secure the promotion and protection of human rights. If it does not happen, the legitimacy and effectiveness of these orders can be questioned.