O dever fundamental de obedecer às leis e a desobediência civil: uma análise do artigo 33 da Declaração Americana dos Direitos e Deveres do Homem

Abstract

This article has the theories underlying civil disobedience as object of research. From the method of literature, legislation and jurisprudence review, the objective is to assess theories underlying civil disobedience and the impact of the fundamental duty to obey laws, as laid down in article 33 of the American Declaration of the Rights and Duties of Man, in order to reformulate them. As a conclusion, it is argued that the hypothesis that the process of internationalization of human rights allows a new reasoning of the legal character of civil disobedience in cases in which a contradiction is found between the declaration of constitutionality of a norm by the Federal Supreme Court followed by declaration of non-conventionalism of the same norm by the Inter-American Court of Human Rights.