LATIN AMERICAN CONSTITUTIONAL LAW: INTEGRATION FROM THE DIALOGUE BETWEEN NATIONAL AND INTERNATIONAL LEGAL SYSTEMS

  • Conci Guilherme Arcaro Luiz Faculty of Law of the Pontifical University of São Paulo

Abstract

ABSTRACT There is a constitutional identity in Latin America, which is based primarily on constitutional context approximate, with features like hyperpresidentialism, weak state institutions of control, such as the judiciary and the legislature co-opted, and large periods of authoritarianism,  corruption of officials, among others. From the 1980s, starts on the mainland, a period of democratization, with new constitutions (Brazil, Venezuela, Colombia, Peru, Chile, etc..) and refurbishment of existing (Mexico and Argentina). Among the changes made, there is a process of opening the constitutions for the international law of human rights, the strengthening of the institutions of the Organization of American States (OAS). Regarding the Inter-American Court of Human Rights, this becomes more activist, and creates a doctrine called the doctrine of control of conventionality which requires not only the Court itself but the judges of national states to control the validity of national acts (laws , administrative acts, judicial decisions, constitutions) on the grounds of the American Convention of Human Rights(ACHR) and also about the interpretation given by the Court itself about the ACHR . This process of legal integration is thus awarded a new actor, which produces a deepening of a iusconstitucionale commune. In my paper and conference, I will discuss this process and the effects of this dialogue between legal systems, especially the courts in the continent. Words: Integration. Human Rights. Dialogue. Control of conventionality. Latin American Constitutional Law

Author Biography

Conci Guilherme Arcaro Luiz, Faculty of Law of the Pontifical University of São Paulo
Professor at the Faculty of Law of the Pontifical University of São Paulo. Cathedratic Professor at the Faculty of Law of São Bernardo do Campo

References

Cathedratic Professor at the Faculty of Law of São Bernardo do Campo
Published
2013-12-10
How to Cite
LUIZ, Conci Guilherme Arcaro. LATIN AMERICAN CONSTITUTIONAL LAW: INTEGRATION FROM THE DIALOGUE BETWEEN NATIONAL AND INTERNATIONAL LEGAL SYSTEMS. Anales Universitatis Apulensis Series Jurisprudentia, [S.l.], n. 16, dec. 2013. ISSN 1514-4075. Available at: <http://journals.uab.ro/index.php/auaj/article/view/54>. Date accessed: 21 aug. 2019.