O incidente de deslocamento de competência como mecanismo de proteção aos Direitos Humanos: o julgamento das ADI's 3.486 e 3.493 pelo Supremo Tribunal Federal

Abstract

The essay proposes to discuss the incident of competence displacement’s constitutionality (art. 109, item V-A and §5º, of the Federal Constitution of 1988), inserted by the 45th Constitutional Amendment, seeking to analyze the main controversies surrounding this mechanism and pointing out the problems that hinder a better understanding of the instrument and that led to the proposition of two Direct Actions of Constitutionality (3.486 and 3.493) before the Federal Supreme Court. To this end, it uses the deductive approach, outlined by qualitative bibliographic research in the Brazilian doctrine, legislation and jurisprudence. In the end, in accordance with the understanding of the Federal Supreme Court, it is demonstrated that the federalization of crimes against human rights is compatible with the Federal Constitution of 1988 and is an important mechanism for the protection of human rights, based on the principle of dignity of the human person, and, above all, to ensure compliance with obligations arising from international treaties on such rights ratified by Brazil.