A implementação das sentenças da corte interamericana de direitos humanos no direito brasileiro: o impacto do caso Gomes Lund no exercício do controle de convencionalidade

Abstract

The central objective of this work is to analyze how Brazil has been internally implementing the sentences handed down by the Inter-American Court of Human Rights. It seeks to understand the existing arrangements in the Brazilian law for the fulfillment of these sentences, as well as the challenges that are faced for its execution, presenting some suggestions for its strengthening. The conventionality control appears as a theoretical framework to assess the impact of international jurisdiction under the national law, delimantando the approach reflected in the Case of Gomes Lund (the Araguaia Guerrilla) on the validity of the Brazilian Amnesty Law. There will be a comparitivo study with the judgment of the Supreme Court in ADPF 153, and the return on this subject in ADPF 320. In the end, it was concluded that Brazil has had easier for compliance with financial measures and more difficulties of non-monetary measures , especially the duty to investigate, prosecute and punish those responsible for human rights violations. Thus, despite the efforts of the country, making changes is necessary to facilitate the implementation of inter-American sentences and greater realization of conventionality control by Brazilian courts.