INTERNALIZAÇÃO DE TRATADOS E CONVENÇÕES INTERNACIONAIS EM MATÉRIA DE PROCESSO PENAL POR MEIO DO CONTROLE DIFUSO DE CONVENCIONALIDADE
O presente trabalho objetiva a análise da efetivação das garantias processuais penais oriundas do plano internacional humanitário, a partir dos movimentos de internalização de tratados e regras internacionais em matéria criminal, bem como o controle de convencionalidade de leis, considerando os fundamentos, os dilemas e perspectivas no contexto brasileiro pós-1988 de construção do devido processo penal. A pesquisa tem natureza exploratória e fez abordagem predominantemente qualitativa das categorias eleitas. Utilizou técnicas de pesquisa documental e bibliográfica. Concluiu, entre outras inferências, que os tratados internacionais de direitos humanos ratificados pelo Brasil têm índole e nível materialmente constitucionais. Ainda, que o parâmetro a ser adotado, ante o conflito entre uma norma constitucional e a de um tratado internacional de direitos humanos no processo penal, deve ser a interpretação que mais privilegia a pessoa humana e a sua liberdade. Nesses casos, o julgador pode, inclusive, aplicar ambas as normas aparentemente antinômicas para efetivar as garantias processuais penais da pessoa em conflito com a lei penal.
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