UNIVERSALISM OF HUMAN RIGHTS AND SUBSIDIARITY OF INTERNATIONAL JURISDICTION: THE SUBTLE RESISTANCE?

Objective: This article aims to study the challenges to the implementation of the universalism of human rights, based on the reaction of States that are opposed to the control of the conventionality of the supranational matrix carried out by international bodies such as the European Court of Human Rights and the Inter-American Court of Human Rights. This reaction led to the reworking of the subsidiarity of the international jurisdiction of human rights, which gains a substantive facet. The main delineations of the theory of the national margin of appreciation and the rule of the prohibition to act as a fourth instance will be studied. As a conclusion, the risk faced by the universalism of human rights is exposed by the unbridled adoption of these two types of material subsidiarity of the international jurisdiction of human rights. Methodology: The research adopts an inductive approach, using bibliographic and documental research techniques, with a methodological objective aimed at exploring the theme and proposing a new way of understanding and accomplishing the study theme. Contributions: The article analyses a topic that has been little addressed in the study of the universalism of human rights in Brazil through the study of the reaction of States to the internationalist interpretation. This posture of the States negatively affects the universalism of human rights, also implying a reduction in the protection of vulnerable minorities.