Conflito normativo decorrente da inserção dos tratados internacionais de direitos humanos no ordenamento constitucional pátrio.

Abstract

The world contemporary is passing for an abrupt process of globalization, acquiring in consequence of this process a necessity of human internationalization of the right. These function as a broad defense sense, a protection that encloses to all the individuals. The study of the international law it is the main source in the analysis of the process of internationalization of the human rights, similar to solve the impediments in the legal world how much to the question of the relation established between the jurisprudences, internal and international. Such subject has excellent value due to the fact of the constitucionalization of treated international to human rights and the its innumerable consequences. With this, the present work if considers to face, of clear and concise form, through the method descriptionevolution and of explanation of the text in the famous doctrines and the jurisprudential sketch, the problematic one of the reception of the international norms. The treated ones are the way for which citizens of international law stipulate rights and obligations between it and when turning on human rights confirm the super valuation given to the human being in the scene world-wide and exteriorized in the Great Letter through the implementation of 3° paragraph of the article 5°. Such paragraph puts treat the international ones to human rights in the same hierarchic position of the constitutional rules. They will be pondered, still, the happened consequences of the inclusion in art. 5° of the CF/88, that deals with the rights and individual and collective duties, of § 3°, proceeding from the promulgation of the Constitutional Emendation n°. 45/2004, that it raised to the status of constitutional emendation the international treated ones on human rights that will be approved, in each house to the National Congress, in two turns, with the quorum (qualified) of 3/5 of the votes of the respective members. Finally, the conflict between the constitutional rules and the norms equalized to the constitutional emendation is observed, happened of the international treated ones that turn on human rights. For the solution of such divergence will be necessary the application of the principle of the proportionality and the principle of the reasonable, therefore while an uneven positioning in relation to the hierarchy of the international treated ones to human rights will not be firmed, those will be the mechanisms for a solution applied to the case concrete.