A Corte Interamericana de Direitos Humanos : o caso José Pereira (1994)

Abstract

This study aims to analyze the José Pereira Case, examining the relationship between the 1988 Federal Constitution and the Brazilian State’s adherence to international treaties, seeking to understand how the decisions and recommendations of the Inter-American System influence the formulation of public policies.Through the examination of the complaints submitted by Human Rights Watch (HRW) and the Center for Justice and International Law (CEJIL) to the Inter-American Commission on Human Rights (CIDH), the procedural development of the case within the Inter-American Human Rights System is analyzed.The measures adopted by the Brazilian State following the complaint are also examined, based on a qualitative approach, using reports, interviews, and documents made available by the State. Thus, a bibliographic and documentary analysis is conducted, drawing on authors in the fields of International Law and International Relations.In this regard, it was possible to observe that the case contributed to giving greater international visibility to the issue; however, the State’s responses proved to be limited and ineffective within the domestic legal order. Therefore, the José Pereira Case highlighted the importance of international organizations.