Species of conventionality control: a classification proposal

Abstract:

Based on a bibliographical review and review of the jurisprudence of the Inter-American Court of Human Rights, using a deductive methodology, the article classifies and differentiates species of conventionality control based on four selected criteria that more effectively allow the operationalization and use of the technique in search of concrete satisfaction of human rights provided for in international treaties. The classificatory proposal distinguishes: based on the institutional scope of exercise, international control and national control; from the objects over which control takes place, control over practices, norms and state omissions; from the different moments in which it happens, the division between preventive and repressive control. The article also presents the classification based on the criterion of intensity of the control result, the latter discussed in the work with the critical purpose of its assumptions and consequences.

Keywords:
conventionality control; classification of conventionality control; diffuse conventionality control; concentrated conventionality control; unconventionality