O constitucionalismo multinível e a construção dialógica de mecanismos efetivos de proteção dos direitos humanos: uma análise do contexto brasileiro

Abstract

This article intends to analyze the institute of Multilevel Constitutionalism as an enabler of more effective mechanisms for the protection and guarantee of human rights. For this purpose, the hypothetical-deductive method was used, based on extensive bibliographic research, with due presentation of exemplary cases in which the hypothesis of the institute's effectiveness was proven. At first, the definition of Multilevel Constitutionalism is presented, highlighting the importance of dialogues at different levels, as promoters of inclusion and plurality of voices, to enrich the protective mechanisms. Then, it seeks to demonstrate the figure of Multilevel Constitutionalism from the Federal Constitution of 1988, having as its fulcrum the provisions of its art. 4, item II and in its art. 5th, §1st and 2nd. Finally, the possible sources of dialogue are analyzed, focusing on the performance of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights in the Latin American and Brazilian context, with striking examples of Multilevel Constitutionalism in practice, such as the cases Damião Ximenes, Maria da Penha and Marcia Barbosa.