Abstract:
This study aims to investigate, initially, the concepts of sovereignty, as well as its brief historical evolution, establishing the relationship between democratic constitutionalism and the international bodies responsible for guaranteeing human rights. Once these initial concepts have been established, the paper will analyze the current stage of the debates on the effectiveness of the decisions of international bodies and the procedure for their internalization or reception. Next, this study will analyze the current Brazilian reality, based, for this purpose, on two judgments, one of them selected based on its temporality, therefore, more recent, and the other due to its relevance, both criteria duly outlined in the present article, contextualized with the regional reality. Thus, two distinct methodological approaches are adopted: the first is exploratory, based on the conceptual framework of each of the main objects that involve the issue under analysis, through eminently bibliographical research; and the second, in turn, analytical, observing the Brazilian reality in relation to the decisions of international bodies, based on the aforementioned cases. Ultimately, using the deductive method of scientific research, the article makes it clear that the issue related to the effectiveness of the decisions of international bodies or organizations should be changed in the Brazilian reality. However, due to the discussions presented in the work, especially with regard to sovereignty, the change should occur of lege ferenda, in other words, through political mobilization, by changing the constitution and specific infra-constitutional rules in force.
Keywords:
Interamerican Commission; international decisions; Human Rights; effectiveness; Superior Court of Justice