Human Rights, Religious Freedom and Conventionality Control:

Challenges to Brazilian Constitutional Jurisdiction

Abstract

This article analyzes religious freedom in contemporary Brazilian constitutionalism through the lens of conventionality control and Human Rights Hermeneutics, emphasizing their role in integrating domestic law with the Inter-American Human Rights System. It argues that the full effectiveness of religious freedom depends on interpreting constitutional provisions in dialogue with the American Convention on Human Rights (ACHR) and the jurisprudence of the Inter-American Court of Human Rights. The study examines: (i) the constitutional and conventional normative framework; (ii) the hermeneutical foundations that enable normative and axiological integration; (iii) the institutional and methodological challenges that hinder the systematic application of conventionality control in Brazil; and (iv) the jurisprudence of the Brazilian Supreme Court reinterpreted under a multilevel protection paradigm. The findings indicate that, although the Court often reaches conclusions consistent with Inter-American standards, the lack of explicit conventionality-based reasoning weakens the internalization of these parameters. The article concludes that systematic and explicit application of conventionality control is essential to strengthen cooperative secularism, ensure substantive equality, and advance a human-dignity-centered constitutionalism.