THE BRAZILIAN SUPREME COURT AND THE CONVENTIONALITY CONTROL: DIALOGUES ON HUMAN RIGHTS AND VULNERABILITIES

In times of democratic setback, the Courts can safeguard rights and guarantees; one of the ways to do that, is through the exercise of conventionality control. Such control reveals itself as a conventional filter of the national legal system, especially relevant to reinforce national protection in struggling periods. An active role of Courts regarding human rights is key to empower public policies, being the conventional and constitutional filter an important tool for enhance rights and provide means for vulnerable groups, as example: the recognition of inclusive education, the criminalization of homophobia, the legitimacy of quotas for women´s political participation and protection of indigenous communities. Brazil is under a period of democratic erosion, carried out by an authoritarian conservative anti-human rights regime, therefore, it is important that Courts’ embrace its role as a catalyst for human rights having international jurisdictions as its allies.