Convenção 158 da OIT : internalização, constitucionalidade e re-ratificação

Abstract

The study of the Convention 158 of the ILO in Brazil is a leading case, since it involves the understanding of various problems of International Law. The first is to check the way it is done to control the constitutionality of treaties ratified by Brazil, both physically as formally considered. It also includes analysis of the positioning of the STF on the participation of the National Congress in the procedure of withdrawal from treaties. And, finally, examining the involvement of Legislative Power in the process of internalization of international standards. To better understand such things, it has, in the first two chapters and the beginning of the third, doctrinal considerations about the theories involving the Law of Treaties, especially concerning the entrance and exit of a State to an international standard, the peculiarities of the conventions of the ILO on these aspects and the control of constitutionality concentrated, emphasizing the question of monistic and dualistic theories relating to clashes between internal and international standards.