Open AccessImplementation of the recommendations of the Inter- American Commission on Human Rights in the Brazilian constitutionalism: proposals and perspectives
Author(s) -
Melina Girardi Fachin,
Flávia Piovesan
Publication year - 2021
Publication title -
unio
Language(s) - English
Resource type - Journals
ISSN - 2183-3435
DOI - 10.21814/unio.7.1.3577
Subject(s) - commission , human rights , constitutionalism , political science , latin americans , transformative learning , law , international human rights law , public administration , sociology , pedagogy , politics , democracy
Based on the study of some Brazilian cases submitted to the Inter-American Commission on Human Rights, this article aims to identify proposals to overcome common Latin- American challenges in the implementation of international recommendations. In the first part, in a retrospective analysis, several emblematic Brazilian cases and their domestic impacts and changes are addressed. In a second part, with a prospective view guided by the domestic contributions to which the Inter-American System is oriented, highlights the current system’s challenges. At this stage, proposals to overcome challenges are outlined, especially regarding the obstacles to implement the Commission’s recommendations, where the main results of the article arise. The reason for this study stands on the conviction that the compliance with international recommendations is the element that guarantees the exercise of the transformative potential of Human-Rights Systems. With the methodological research based on a bibliographical research and case law, the role of the Inter-American Commission is redesigned in the light of a dialogical triad composed by the organs of the International System, the States constitutionalism and organised civil society.