Controle de convencionalidade interno, difuso e extraordinário: do instrumento recursal apto à sua provocação

Abstract

This course final assignment aims to analyze the conflict of jurisdiction between the Superior Tribunal de Justiça and the Supremo Tribunal Federal, two brazilian jurisdictional courts, with regard to the realization of diffuse and extraordinary conventionality control, in the domestic legal sphere. First, it will be discussed about the normative power inherent to conventions and treaties, with special focus on their functions as promoters of the human rights' protection, as well as on the conditions related to their efficacy within the national legal system. In a second moment, there will be an analysis of conventionality control, its main distinctions among other instruments of normative control, its general aspects and foundations, as well as specific ones, variants depending on the examined doctrinal framework. It will be done, later, turning the focus to the Civil Procedure scope, a digression regarding the correlation of this with the human rights' protection of , as well as a detailing of the role of the domestic jurisdiction in such protection, followed by a systematization related to the special and extraordinary (strict sense) appeals , especially with regard to their functions and hypotheses of applicability. Finally, after delimitation of the conflict, based on the premises brought up in the previous chapters and on the jurisprudence of both Courts, it will be proposed a model of demarcation of the aforementioned jurisdiction, indicating the possible role of each tribunal in carrying out the aforementioned extraordinary regulatory control.