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Controle de convencionalidade do crime de desacato: uma visão crítica
(Universidade do Estado do Amazonas, 2020-02-21) Costa, Márcio Fernandes Lima da
Abstract: The presente study adresses the jurisprudential controversy about conventionality control of brazilian crime of contempt, due to the decisions exposed by the brazilian Superior Court of Justice and Federal Supreme Court, in comparison with decisions of the Human Rights Interamerican and European System, and the possible consequences from using one or other ways of soluton. The scientific metodology was limited to bibliographic, qualitative and descriptive, extracted from books, articles and eletronic scientific journals about the subject. The study found out results about conventionality and constititucional control, with its diferences, supported by the decision from European Court of Human Rights and opinions from Inter-American Comission of Human Rights and decisions from inter-american court of Human Rights. On the other hand, the presente study also compared the decisions from Superior Court of Justice and from Federal Supreme Court, with the conclusions that the right of freedom of expression is submited to limits of human-fundamental rights and the legal certain may prevail in case of abuse of rights from the public citizens against public servants. Keywords: contempt, conventionality control, constitutional control, human rights, penal typification; international responsability