O futuro do sistema interamericano de direitos humanos é doméstico : diálogo e cooperação entre ordens jurídicas como modelos de empoderamento da corte interamericana de direitos humanos

Abstract

The present thesis was concerned with the low degree of effectiveness of the judgments rendered by the Inter-American Court of Human Rights, inasmuch as their implementation depends primarily on the performance of national public agents, due to the non-existence in the sphere of inter-American jurisdiction of a forced execution procedure of the international decision. Therefore, the purpose of this thesis is to address the following issues: is it possible to use existing legal instruments in Brazilian law to ensure the effectiveness of the judgments of the Inter-American Court of Human Rights domestically? Are the national judges binded to the precedents of the Inter-American Court of Human Rights? Can the control of conventionality be legitimately handled by organs of the national Judiciary to ensure the effectiveness of the decisions of the Inter-American Court? Does the responsibility of Brazilian public officials for administrative improbity resulting from the default of judgments handed down by the Inter-American Court of Human Rights against the Federative Republic of Brazil strengthen the defense of human rights within the framework of the Inter-American Human Rights System and at the internal level? Initially, it is understood that the national legal system and the Inter-American Human Rights System are distinct, interconnected and interdependent legal orders. For this reason, the theory of constitutional pluralism is embraced as the theoretical framework of this study. The hypotheses, confirmed at the end, that the interconnection, dialogue and cooperation between legal orders lead to the recognition of the binding force of the decisions of the Inter-American Court of Human Rights and allow the management of control of conventionality and the use of juridical instruments existing in the Brazilian legal system to guarantee the effective compliance with the sentences pronounced by the Inter-American Court in detriment of the Federative Republic of Brazil. Thus, the main objective of the present doctoral thesis is to propose, from a deductive, doctrinal and legislative research, that the accountability of Brazilian public agents for administrative improbity is a legal mechanism that promotes, to some extent, compliance with the judgments of the Inter-American Court within the framework of the Brazilian legal system and, as a consequence, ensures the effectiveness of the human rights enshrined in the American Convention and the Protocol of San Salvador.