Os precedentes da corte interamericana de direitos humanos e sua vinculatividade para o direito brasileiro: a reclamação como instrumento de sua efetividade

Abstract

Nowadays, human rights have increasingly gained a prominent position in normative texts, can be texts of international origin or texts of internal origin. On the other hand, this gain of importance that has been given to the legalization of this set of essential rights to human beings is often not reflected in the effectiveness that is given to such rights. This work, based on the importance that international law of human rights has brought to public international law, putting the human being as the center of the international juridical order, seeks to make a study about the main characteristics of this set of essential rights to the human being, emphasizing the importance of such characters for the structuring of a judicial process guided by the Federal Constitution and for this process also shows itself be able to protect these rights. In addition, in this search for procedural effectiveness in the protection of human rights, shows relevance the Internationals Humans Rights Courts, and in the Brazilian case, greater importance must be given to the Inter-American Court of Human Rights and its decisions. Thus, to try to improve the systems of protection of human beings, through, inclunding, a dialogue between the internal and international systems, it will be sought, based on an analysis of the system of precedents incorporated into Brazilian law through the Civil Procedure Code, to demonstrate that the decisions of the Court of San José are binding precedents for Brazil, ending this study with the proposition to use the procedural institute of the complaint with a way to became these international precedents something effective be able to be processed judicially before the national Judiciary.