CONSTITUCIONALISMO MULTINÍVEL, SISTEMA HETERÁRQUICO E DIÁLOGO ENTRE CORTES NO CONSTITUCIONALISMO LATINO-AMERICANO

Abstract

This article seeks to discuss the concept of "Multilevel Constitutionalism" from an analysis of Law centered on a heterarchical reading of the relationship between the legal norms of domestic law and International Law, abandoning the constant hierarchical analysis, usually used for this purpose. In this sense, it points out the need to promote a consistent dialogue between courts, horizontal and vertical, for the better realization of human rights. It adopts a literature review that deals with the challenges of constitutionalism in the current scenario of normative interweaving with International Human Rights Law. It proposes to analyze the jurisprudence of some Latin American constitutional courts and the Inter-American Court of Human Rights in order to draw an overview of the current state of the art in the reality of America.