Controle judicial de convencionalidade no Tribunal de Justiça do Estado do Pará

Abstract

This thesis, based on the institution of conventionality control evolution as international obligation for the member states of the American Convention on Human Rights, aims at assessing to what extent the Court of Justice of Pará is fulfilling (or not) this obligation in the adjudication practice. In the performance of this desideratum, the starting point was the investigation of the aforementioned institution origins, its jurisprudential developments in the Inter-American Court of Human Rights, determining the current and minimum parameters for the proper practice of this obligation. It was verified the Inter-American Court of Human Rights current understanding regarding the right to reasonable period of time under Article 8.1 of the American Convention on Human Rights, analyzing the first decisions which faced the issue, as well as the trials concerning the subject, conducted in the years 2013 and 2014, in order to identify the minimum criteria for the mentioned right effectuation, thus making them compatible with the arguments contained in the habeas corpus decisions tried by the Court of Justice of Pará, which faced this theme in the years 2013 and 2014. The results revealed that the Court of Justice of Pará, in the analysis of the right to reasonable time proceeding, uses similar criteria to the ones established in the Inter-American Court jurisprudence, notwithstanding, the Court does it in an inconstant way, with no reference to the American Convention on Human Rights or to the Inter-American Court jurisprudence. In face of this finding, it was concluded that, in the investigated decisions, the Court of Justice of Pará is not complying the obligation to control the conventionality, enabling the accountability of Brazil for the breach of international obligation.