DECISÃO INTERNACIONAL DE CUNHO ESTRUTURAL PROFERIDA EM VIRTUDE DO CONTROLE DE CONVENCIONALIDADE

Abstract

The study aims, through the conventionality control approach in parallel with the structural process, to demonstrate the technical viability of sentences handed down within the scope of the international system for the protection of human rights, to make use of the structural mechanisms to guarantee necessary implementations and the effectiveness of the court order. Employing the deductive method and bibliographic review on judgments and doctrine, the study of the international control of conventionality and the International Systems for the Protection of Human Rights was studied. A second step was taken into the analysis of the 'structural process', giving relevance to the structural sentence, given the magnitude of this procedural technique to define highly complex issues and generate 'structural' decisions to enable full compliance with the commands established by the judging body (structural injunctions). Therefore, a case judged by the Committee on Economic, Social and Cultural Rights of the UN was chosen, which deals with the right to housing, whose decision comes from the control of conventionality of public policies, in order to validate the proposal of the study.