The Plenary of the National Council of Justice (CNJ) decided last Tuesday (December 14th), during the 61st Extraordinary Session, to recommend to the courts that they follow the jurisprudence of the Inter-American Court of Human Rights (IAHR Court). When the condemnations of the IDH Court to the Brazilian State result in lawsuits to repair the victims of these cases, the Judiciary should prioritize the trial of these cases.
In Tocantins, the first case of control of conventionality held in the Court was conducted by Justice Marco Villas Boas, in criminal action 0015951-33.2015.827.9200, in which the judge presented a dissenting vote, using the Court's jurisprudence about the conceptualization of the crime of torture taken from the Bueno Alves Vs. Argentina case. The dissenting vote was followed by the members of the 1st Criminal Chamber of the CJTO, and the reporting Judge changed his previous understanding to follow the divergence.
In 2017, Roniclay Alves de Morais, a magistrate and graduate of the Master's in Judicial Provision and Human Rights, defended a dissertation entitled: "Inter-American Court of Human Rights and the Judiciary of the State of Tocantins: internalizing the jurisprudence of the Court as a way of applying human rights and knowledge of international treaties", in which he sought to demonstrate the importance of internalizing the jurisprudence of the Inter-American Court of Human Rights and to encourage Tocantins magistrates to have contact with international human rights treaties. In our research, in the Court of Justice of the State of Tocantins, only one case judged by Justice Marco Villas Boas was found in which the jurisprudence of the Inter-American Court of Human Rights was used as a basis for a decision.
Based on this academic work, in January 2017, the Office of the Chief Justice of the State of Tocantins published CGJUS Recommendation No. 1, dated January 25th, 2017, available at: http://wwa.tjto.jus.br/elegis/Home/Imprimir/1132, which recommends that magistrates observe human rights treaties and use the jurisprudence of the Inter-American Court of Human Rights (Inter-American Court of Human Rights) when rendering orders, decisions, and sentences.
Among the provisions included in the text of the National Council of Justice Recommendation are also the need for Judges to observe, in their decisions, the human rights treaties and conventions in force and the alignment of Brazilian laws with the set of treaties and conventions signed by Brazil in the area.
In partnership with the United Nations and other organizations, Esmat has already held an International Congress on Human Rights. It was the first School of the Judges in the country to offer a STRICT SENSU POST-GRADUATE PROGRAM in Judicial Provision and Human Rights, which promoted the strengthening of educational activities and updates in the promotion of the Fundamental Rights of the Human Being, training not only magistrates, but also civil servers and the population in general.
The text of the Normative Act No. 0008759-45.2021.2.00.0000, approved by the Plenary of the National Council of Justice, with a report by the counselor Flávia Pessoa, recommends that the Brazilian judicial authorities follow treaties, conventions and other instruments of international law on the protection of human rights valid in Brazil. The goal is to realize these rights, such as the Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly in 1948.
According to FUMT professor Valerio Mazzuoli, who collaborated with the working group for the implementation of the normative, "the NCJ's initiative to recommend to the entire Judiciary the application of human rights treaties and control of conventionality is unique, as it covers a gap that still exists in Brazil regarding the effective application by Judges of human rights treaties in force in the State, also contributing to other bodies linked to the administration of justice to take the same position," he said.
For the coordinator of the Master in Judicial Provision and Human Rights, professor Gustavo Paschoal, the purpose of the Master in Judicial Provision and Human Rights is, among others, to provide significant impacts in the life of each person, through propositions of products elaborated and put into practice by the master students and graduates, professionals integrating the Justice System. "This situation becomes clear with the recommendation issued in the 61st Extraordinary Session of the National Council of Justice (NCJ), on December 14th, 2021, guiding the courts to follow the jurisprudence of the Inter-American Court of Human Rights," he recalled.
The Recommendation reinforces determinations contained in the Brazilian and international legal systems, in the area of Human Rights. The Federal Constitution establishes that the rights and guarantees provided for in international treaties signed by Brazil can be added to the set of those expressed in the Constitution.
The freedoms expressed in the American Convention on Human Rights, for example, are valid as law in Brazil, since Decree No. 678 of 1992 incorporated the Convention into Brazilian law. The treaty protects the population of the signatory countries from discrimination based on race, color, sex, language, religion, political or other opinion, national or social origin, economic position, birth, or other social condition.
To judge conflicts between citizens and countries, based on the interpretation of the Convention, the Inter-American Court has existed since 1979. The court issues rulings, monitors the implementation of its decisions, and, when necessary, issues precautionary measures to its member states. The headquarters of the region's highest human rights authority is in San Jose, the capital of Costa Rica, and the court's jurisdiction extends to 20 countries with a population of 560 million.
61st Extraordinary Session. Photo: Romulo Serpa/CNJ - Credits
