O (não) exercício do controle de convencionalidade em matéria previdenciária pela Justiça Federal
This paper addresses the conventional control of Brazilian norms in the field of social security within the scope of the Federal Judiciary. Over the course of three decades, various reforms of the Brazilian Social Security system have been implemented through laws or Constitutional Amendments to...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54398 |
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| Resumo: | This paper addresses the conventional control of Brazilian norms in the field of social security
within the scope of the Federal Judiciary. Over the course of three decades, various reforms of
the Brazilian Social Security system have been implemented through laws or Constitutional
Amendments to adjust economic agendas, which often lead to a decrease in the protection of
social security rights. In this context, the Judiciary faces the consistent challenge of ensuring
the compatibility of social security norms with the Constitution and, moreover, with human
rights treaties. This gives rise to an emblematic impasse regarding the conflict of norms and
legal antinomies resulting from controversies regarding the hierarchy of international treaties,
particularly the doctrine's prevailing view on constitutionality and the Supreme Federal Court's
adoption of the supra-legality thesis, as well as the possibility of applying heterarchical models.
In this scenario, the study aims to examine whether the Federal Judiciary has been exercising
conventional control over national norms to ensure the protection of social security rights and,
if so, in what manner it has been doing so. The specific objectives are to establish whether
human rights enshrined in international treaties in the field of social security, given their
normative openness and the need for progressive implementation, can constitute an appropriate
parameter for the conventional control of national norms; as well as to identify instances of
non-conventional norms in Brazilian social security legislation and evaluate the enforcement
of social security rights by the Federal Judiciary through conventional control. The study adopts
a bibliographic, doctrinal, and normative research procedure, using national and international
sources, with a qualitative approach and deductive method. It also performs a quantitative and
qualitative analysis of judicial decisions rendered by the Federal Judiciary from December 3,
2008, to May 15, 2023, regarding conventional control in the field of social security, employing
an inductive method. The justification of the theme topic lies in the notorious gradual decline
of social security rights in Brazil, which can be mitigated through effective conventional
control. The research found that the Federal Judiciary has been conducting an incipient
conventional control of national social security norms, limited to a few matters, relying more
on international norms contained in non-social security treaties than on social security rights
treaties. Moreover, in merits-based reasoning of the decision, international treaties are used as
an additional interpretative aspect without expressly conducting conventional control. |
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