Análise das teorias da supralegalidade e supraconstitucionalidade do depositário infiel segundo o Supremo Tribunal Federal.

Abstract

The present work of conclusion of course has as general objective to parse status of standard of the International Treaty about Humans Rights don't encircling by Constitutional Amendment n°. 45/2004. Fetch too investigate about forms of the relation between Pact Sao Jose of the Costa Rica and its normative efficacious in the Constitutional Brazilian admissibility of the prison of the unfaithful trustee. Beyond, of the Extraordinary Resource n°. 466.343 and 349.703 that caused changed in the thought of the Supreme Federal Court and the analysis of the theorys of and Supra constitutionality that from then entered into evidence in the mobilization of law. The research is structured this form: the first chapter focuses on the relation of the Brazilian legal system with the actual foreign regulations, in the second was an analysis of an unfaithful trustee in according the Pact of San Jose Costa Rica, the constitutional rules of the prison sector in Brazil and constitutional standart open, on the third chapter was to discuss the analysis based theories of Supralegality-and Supraconstitutionality of an unfaithful trustee and changing understanding of case law. The work was developed guided by the hypothetical deductive method, assumptions made by the prediction of phenomena covered by them. In the method of procedure is the method used in a comparative study of internal and international standards. There is also the use of the legal-exegetical method for a consistent interpretation of legislation and technical literature, especially in-law doctrines and understandings Brazilians. The work has brought a discussion of the hierarchical status of treaties not covered by CA 45/2004, the changes made by the same and understanding in respect to the subject by the Praetorian lofty. Note that in spite of understanding the Supreme Court to adopt the theory of Supralegality of the Pact of San Jose Costa Rica in relation to an unfaithful trustee, it is more appropriate to adopt the theory of Supraconstitutionality.