COMPETENCE IN QUESTION: AN ANALYSIS OF THE INCIDENTE OF JURISDICTIONAL DISPLACEMENT

Abstract

The Incident of Shift Of Competence (IDC), introduced by the Amendment Constitution n°45, represents an innovative attempt to strengthen the protection of human rights in Brazil, allowing the transfer of cases of serious violations from the state to the federal sphere. However, its implementation has faced challenges and criticisms, raising questions about its effectiveness and compatibility constitutional. The lack of clarity in the criteria for triggering the IDC and the limitation in Addressing broader violations are points of contention. This study proposes improvements, including the precise definition of application criteria, the establishment of supervision and review mechanisms, and the promotion of cooperation between state and federal bodies. By improving the IDC, we seek achieve more comprehensive and effective protection of human rights in Brazil, in line with constitutional and international principles.