O EXERCÍCIO DO CONTROLE DE CONVENCIONALIDADE PELO SUPERIOR TRIBUNAL DE JUSTIÇA

UMA ANÁLISE DOS ACÓRDÃOS ATÉ O ANO DE 2025

Abstract

Conventionality control can be understood as the vertical harmonization of national norms with the body of conventionality of a given State. Knowing that the exercise of conventionality control by domestic courts is mandated by the Inter-American Court of Human Rights (IACHR), the following problem arises: to what extent has the Superior Court of Justice (STJ) carried out conventionality control? To answer this question, the doctrinal aspects of conventionality control are described; the application of International Human Rights Law by Brazilian judges is examined; the public policies of the National Council of Justice on conventionality control are investigated; and the STJ's rulings issued up to December 31, 2025, are analyzed. The technique used to select the rulings was a search in the STJ's jurisprudence database using the terms "conventionality control" and "unconventionality". The research is justified by its contribution to understanding how the STJ exercises conventionality control, a relevant topic in the national legal context. The research concluded that the STJ performs an incipient conventionality control, and that measures are needed to promote the application of International Human Rights Treaties, the jurisprudence of the IACHR, and conventionality control in its jurisprudence.