SOUSA, C. D. F.; http://lattes.cnpq.br/1888983159426655; SOUSA, Carlos Diego Filgueira de.
Resumen:
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.
