COMPETENCE IN CONVENTIONALITY CONTROL AND CRIMINAL GUARANTEEISM:

THE POSITION OF THE CEARÁ STATE COURT OF APPEALS.

Abstract

The compatibility of the national legal system with international human rights treaties is achieved through control of conventionality. Thus, this article has as its research problem the following question: is the understanding of the Court of Justice of the State of Ceará (TJCE) about the competence of conventionality control in line with that of the Inter-American Court of Human Rights (IACHR)? The objective is to investigate the compliance of the Inter-American Court of Human Rights (IACHR) precedents, regarding the competence of conventionality control, by the TJCE through the specific mapping of the published decisions on the matter. The justification for this is to know and investigate the grounds of the ECJ's jurisprudence on the subject, as well as to discuss the conformity of these grounds with the decisions of higher and international courts. Bibliographic and documental, qualitative, exploratory and pure research is used. Initially, the boundaries of Luigi Ferrajoli's garantism are delimited. Next, the treatment given to the provisions of the international treaties on human rights ratified and internalized by Brazil is discussed. Then, we analyze the ECJ rulings on competence in conventionality control. We conclude that, despite the doctrinal clarity on the subject and the repeated decisions of the Inter-American Court of Human Rights, including those that have condemned Brazil for violating human rights, the ECJ maintains a dubious position, unaware even of the possibility of horizontal control of conventionality, which can result in the violation of human rights.