Thresholds of the juridical order dichotomy between domestic and international: the conventionality control as a hermeneutic innovation for materialization of human rights in Latin America

Abstract

This article seeks to expose and propose the technique known as Conventionality Control as a consistent innovative alternative to hermeneutically harmonize human rights rules from the Inter-American Human Rights Protection System and to achieve coherence between the obligations assumed by the States in the face of international norms. In this paper, we took the interrelations of the International and the State-owned Juridical Order in an obstinate search for coherence through coordinated application of international rules, in substitution of traditional criterion of antinomies solution. The Inter-American Court of Human Rights consolidate in its jurisprudence the bind of magistrates and justice operators of national States to be update in relation to the interpretations issued by that Court as a way to bring more coherence and effectively protect the Human Rights in our continent. For this, a literature and documental search was conducted, with deductive approach method. The article demonstrates different degrees of implementation of Conventionality Control in Latin America, highlighting the Peruvian and Argentine cases whose understandings represent the vanguard of the continent.