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This article examines the Inter-American System for the Protection of Human Rights, especially the right to migrate in the decisions of the Inter-American Court. The objective is to analyze the structure of this Regional System and to reveal the paradoxes of the right to migrate to the Court. The theoretical reference is the Eligio Resta’s Metatheory of Fraternal Law that is based on the idea of fraternity as an anachronism, since it means, currently, to see other realities, as migratory flows. Bibliographic research in national and international articles and reports of organizations dealing with human rights issues is carried out and the inductive method of research is used, as it is part of the migration cases of the Inter-American Court to understand migratory flows in the structure of the Inter-American System. The importance of studying migratory flows in this regional system lies in the fact that, given the current increase in human mobility in recent years, especially forced, it is necessary to deepen the study of this social change in the American continent. Europe has been the focus of the so-called “refugee crisis”, however, the American continent also has a large influx of people and only understanding this reality can help the development of the populations of this continent.

ESTUDO DO SISTEMA INTERAMERICANO DE PROTEÇÃO DOS DIREITOS HUMANOS: ASPECTOS DA FRATERNIDADE EM CASOS DE MIGRAÇÃO NA CORTE INTERAMERICANA