Control of Conventionality in Environmental standards

Abstract

This article aims to relate the control of conventionality, a topic still little explored in the legal field, with environmental norms. To do this, it initially seeks to describe the origin, concept, and main characteristics of the control of conventionality in Brazilian and inter-American reality. As is well known, based on the provision for the adoption of other rights and guarantees not expressed in the Constitution, particularly human rights, it can be understood that domestic norms are not only subjected to the scrutiny of the Magna Carta, but also to the international treaties that Brazil is a signatory to, whether those concerning human rights under constitutional amendment status or not. In a second moment, the research aims to emphasize the relationship of the environmental law as a paramount human right and, for this, it resorts to international standards and the jurisprudence of the Inter-American Court of Human Rights to conclude that there is the possibility of controlling environmental norms under the scrutiny of convention compliance. Finally, for the development of the topic, monographic, hermeneutic, and hypothetical-deductive methods were used.