A revisão criminal como instrumento de execução das sentenças dos Tribunais internacionais de direitos humanos: o cenário brasileiro em comparação com a discussão italiana no caso Drassich

Grounded on a bibliographic review and a comparative study of an Italian case, this article aims at analyzing the effectiveness of international human rights courts’ decisions in the internal framework of the State party convicted of violation of conventional rules relatedto the due criminal process. However, due to the lack of coercive force of international decisions in relation to the internal law of the State parties, compliance with the conventional norms andthe jurisprudence of the international courtsdepends fundamentally on the action of the states themselves, internalizing these dictates consideringtheir respective internalregulations. In view of this, it is necessary to question the existence and necessity of legal mechanisms that allow effectiveness tothe judgments of the international courts.This theme is rarely explored by national doctrine, and it is not expressly regulated by national legislation. Thus, from the illustrative study of an emblematic Italian case, an extensive interpretation of the hypotheses of criminal revision provided for in the Brazilian Criminal Procedure Code, in order to allow the reopening of criminal proceedings and the relativization of internal res iudicata, due to violations of conventionally recognized accused’s human rights. Finally, the article will expound a legislative reform proposal, to introduce an explicitprovision for “conventional criminal revision”