Precedentes vinculantes internacionais e o ‘custos iuris gentium’: a difusão do direito internacional e a atuação do Ministério Público brasileiro no sistema de precedentes

Abstract

This study proposes a new analytical category, custos iuris gentium, that  is, of guardian of the international legal order, and analyzes how the international perspective impacts the functions and duties-powers of the Public Prosecutor’s Office. A qualitative approach was adopted, using document and bibliographic reviews. The parameters developed in the Inter-American System, combined with the precedents’ system in Brazil, allow to conclude that there are binding international precedents and that the supervision of their observance involves the attribution to the Public Prosecutor’s Office of specific duties-powers, demanding  both proactive international action, contributing to their better formation, and, internally, to require the Judiciary that its decisions, especially in the formation of internal binding precedents, be also qualified from the perspective of DIDH.