THE BRAZILIAN CONSTITUTION AS THE REGULATOR OF THE RELATIONSHIP BETWEEN INTERNATIONAL LAW AND BRAZILIAN DOMESTIC LAW - DOI: 10.12818/P.0304-2340.2025v86p137

Abstract

This study examines the role of Brazil’s 1988
Constitution in shaping the relationship
between domestic and international law. It
explores how constitutional provisions and
their interpretation define the legal framework
governing the interaction between these two
systems. By analyzing the interpretative practice
surrounding the constitutional allocation of
powers and the evolving interpretation of
the principles outlined in Article 4, this study
argues that the 1988 Constitution establishes
fundamental guidelines for Brazil’s stance
in the international legal order, though it
does not exhaustively determine its scope.
Significant aspects of this relationship extend
beyond the constitutional text and are
reflected in judicial rulings, particularly those
of the Supreme Federal Court. This dynamic
positions national judges as key actors in
defining the interplay between legal systems
and in updating the constitutional framework
governing these interactions.

KEYWORDS: Relationship between
International Law and Brazilian Law. Article
4 of the Federal Constitution. International
Powers of the Brazilian State.