UM OLHAR CRÍTICO SOBRE AS DECISÕES DA CORTE IDH E AS REFORMAS LEGISLATIVAS

Abstract

This article aims to critically analyze the mechanisms for protecting fundamental rights in Brazil, with special attention to the historical development of constitutionality control and the incorporation of international human rights into the domestic legal system. The article investigates conventionality control as an essential instrument for the implementation of human rights, considering the normative role of international treaties ratified by Brazil, especially the American Convention on Human Rights. It also examines the jurisprudential evolution of the work of the Inter-American Court of Human Rights (IACHR) and its repercussions on the interpretation and application of infra-constitutional norms, particularly labor laws. The research, of a bibliographical nature, is based on the analysis of constitutional law manuals, judgments handed down by the IACHR, and theoretical contributions from the Postgraduate Program in Law of the Federal University of Pernambuco (UFPE), within the line of research in Labor Law and Critical Social Theory. The aim is to demonstrate the need for a critical alignment between national labor legislation and international parameters for the protection of human rights, as well as to reflect on the advances and setbacks in the effectiveness of social rights in Brazil in light of the decisions of the Inter-American Court of Human Rights.