Human rights examination of the conventionality in Brazil

CNJ recomendation nº 123/2022 and it's application in the labor field

Abstract

This paper aims to analyze Recommendation 123/2022 of the National Council of Justice and the application of human rights
international treaties, the examination of conventionality and compliance with the jurisprudence of the Inter-American Court of
Human Rights. The paper then defends the judiciary’s duty to apply the labor rights enshrined in international treaties, which are also subject to conventionality review and whose subject matter falls into the category of human rights, for the purposes of the aforementioned Recommendation. The paper analyzes the normative text of CNJ Recommendation 123/2022, the case law of the Inter-American Court of Human Rights and international treaties, with recourse to doctrine on the subject. The determination contained in these norms – which serve as a source and, at the same time, as a working tool – brings a verification of the order emanating from the primary legislator, who produced the treaties, the secondary legislator, who incorporated them, and the executing sector (the country’s internal Powers, especially the Judiciary and, more specifically, the CNJ). Based on these elements, the thesis is built that Recommendation 123/2022 of the CNJ and, consequently, human rights treaties must also be complied with in terms of the application of Labor Law, subjecting national law to the examination of conventionality. The research is exploratory, in that it gathers information capable of both supporting the thesis and providing elements for new, more concrete inquiries.