INTER-AMERICAN COURT OF HUMAN RIGHTS VS. BRAZIL: WHAT HUMAN RIGHTS WERE VIOLATED IN THE SENTENCES OF XIMENES LOPES (2006) TO HONORATO AND OTHERS (2023)?

Authors

• Bruna Tamiris Gaertner
• Maira Carolina Petry

Abstract

This work is aligned with the line of research 'Contemporary Constitutionalism', and focuses on the analysis of cases in which Brazil was convicted by the Inter-American Court of Human Rights (IDH Court), in order to verify what were the cases and, notably, which rights were violated, in an attempt to establish an overview of Brazil's main transgressions of human rights. The general objective is to establish a panorama involving the cases and human rights violated by Brazil based on the convictions before the Inter-American Court, in order to be a guide for safeguarding these rights internally. As a result of the analysis, we seek to answer the following questions: what human rights were violated in the cases in which Brazil was convicted by the Inter-American Court? Is it possible to identify the prominence of any kind of human rights violated in these cases? The approach method will be inductive, with a bibliographical research technique, using jurisprudence, books, articles and theses on the topic as a source. The relevance of this research is demonstrated by the need to establish an overview of Brazil's main transgressions of human rights and, thus, create a guide to safeguard these rights internally in light of Recommendation 123 of the National Council of Justice which recommends the Judiciary to use the jurisprudence of the Inter-American Court, as well as observe international treaties.