THE EMPLOYMENT OF THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE JURISPRUDENCE OF THE RIO GRANDE DO NORTE’S COURT OF JUSTICE

Abstract

The present work seeks to investigate whether the Court of Justice of Rio Grande do Norte has been applying the American Convention on Human Rights. Thus, it is intended to verify the role that this treaty plays in the conducting votes of the judgments handed down by the TJRN bodies: is it applied to substantiate them, or does it work only as a lateral foundation? For this purpose, the relationship between international and national legal orders will be analyzed in the Brazilian theory and reality, and then an empirical study will be developed on the American Convention on Human Rights application, classifying its use in ratio decidendi or obiter dictum. Quantitative and qualitative analyzes were used, using previously established criteria, on judgments obtained from the insertion of research terms in the search mechanisms for jurisprudence on the official page of the Court of Justice of Rio Grande do Norte.