A NATUREZA JURÍDICA DAS DECISÕES DE ÓRGÃOS INTERNACIONAIS DE DIREITOS HUMANOS NO DIREITO INTERNO BRASILEIRO E O CASO LULA NO COMITÊ DE DIREITOS HUMANOS

Abstract

The article explores the legal nature and the process of internalization of human rights treaties in the Brazilian internal order. Analyzing the forms of integration of these treaties, the consequences of the decisions of their bodies, using as a paradigm the Lula case in the UN Human Rights Committee. The main objective of the article is to analyze how the decisions of international human rights bodies and courts are internalized in Brazil. The specific objectives refer to examining how the Brazilian courts carry out or not the internalization of the decisions of international human rights bodies, the consequences of this in the Lula case in the Human Rights Committee, as well as showing the forms and mechanisms that can be used to resolve this impasse between domestic and international law. The study concludes that the legal impacts of the decision of international human rights bodies are limited, since there are no mechanisms that effectively oblige countries to adopt the recommendations made by the Body. The adopted methodology is qualitative with case study method, analytical- inductive analysis method.