This paper seeks to investigate the advances and setbacks of Brazilian constitutionalism in relation to international human rights law, hosting it with part of a Latin American constitutionalism, since the Brazilian Constitution of 1988 is one of those that opens what I prefer to define as “new Latin American constitutionalism”, definition opposed to what some claim for this novelty with the Bolivian, Ecuadorian, Venezuelan, etc. constituents. Among the characteristics of this process, besides the extension of the catalogs of fundamental rights, the strengthening of decentralized representation bodies, among others, is the openness to international human rights law or to “international constitutionalism”, as you prefer, which says respect to the process of expanding the integration through rights that has been taking place in Latin America and is the result of the expansion of the Inter-American System for the Protection of Human Rights (IACHR). However, the paper touch the point of the excess of time we are still spending in analyzing the issue of the hierarchy of international treaties, neglecting other more pressing issues that I will discuss. After all, what is the use of giving constitutional hierarchy to international human rights treaties, currently? This question will guide the present work so that, in the end, we see how important it is today.
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