Da formação à jurisdição: educação judicial como pressuposto para a efetividade do controle de constitucionalidade e de convencionalidade

Abstract

Abstract: The growing internationalization of human rights protection and the consolidation of the Constitutional and Conventional Rule of Law have imposed new demands on the exercise of judicial functions, making an approach limited to the formal application of domestic legislation insufficient. Within this context, this article examines the extent to which judicial education constitutes a prerequisite for the effectiveness of constitutional review and conventionality control within the Brazilian judiciary. The study is based on the hypothesis that the existence of constitutional norms, international treaties, and judicial precedents, although indispensable, is not sufficient in itself to ensure the effective implementation of these mechanisms of review. Rather, it requires the development of a judicial pedagogy capable of preparing judges committed to a decision-making culture grounded in the Constitution, the American Convention on Human Rights, and the multilevel protection of fundamental and human rights. The research adopts a deductive method with a qualitative approach, based on bibliographical, documentary, and case law analysis. It examines the scholarly literature on judicial education, constitutional jurisdiction, conventionality control, and judicial training, as well as institutional regulations issued by the National Council of Justice (CNJ), the National School for the Training and Improvement of Magistrates (ENFAM), and leading decisions of the Brazilian Supreme Federal Court and the Inter-American Court of Human Rights. The study concludes that judicial education transcends the role of professional training, constituting a structural element of contemporary judicial activity and an essential prerequisite for fostering an institutional culture capable of enhancing the effectiveness of constitutional review and conventionality control in the protection of fundamental and human rights.