Justiça de transição e compliance no sistema Interamericano de Direitos Humanos : o caso brasileiro

Abstract

This term paper aims to analyze the Inter-American Human Rights System from the theoretical perspective of compliance. For this, a selection of eighteen cases submitted to the contentious jurisdiction of the Inter-American Court of Human Rights between 2009 and 2018 with the theme of transitional justice is adopted. The analysis of these cases will make it possible to draw a Latin American panorama of the fulfillment of the decisions. So, ask yourself: to what extent or Brazilian state is aligned with this profile? It is hypothesized that there is an arrangement, but in relation to the obligations to investigate, prosecute and punish, or Brazil tends to deviate from this pattern, given the existence of internal regulatory provisions by chance of the national Judiciary. Initially, the theoretical principles on compliance and a contextualization of the mechanism for monitoring the judgment of the Inter-American Court of Human Rights will be presented. Then, the inter-American human rights norms are presented on the theme of transitional justice and, therefore, applied to the methodology developed by Hillebrecht (2009). Finally, the Brazilian case is analyzed.