BRAZILIAN VIOLATIONS OF SOCIAL RIGHTS AT THE IDH COURT

Authors

• Letícia Joana Müller
• Rosana Helena Maas

Abstract

In light of the Inter-American Court of Human Rights' new understanding of the possibility of direct justiciability of economic, social, cultural and environmental rights, with the case of Lagos del Campo versus Perú (2017), an eye has been cast on Brazilian convictions, with the aim of verifying which specific cases related to social rights the Inter-American Court of Human Rights has condemned Brazil for, as well as whether there was different protection of social rights before and after the Inter-American Court enshrined direct protection of social rights. In order to answer these questions, the deductive approach method, the analytical procedure method and, in terms of research technique, the bibliographical and jurisprudential methods are used. It emerges that the cases of Ximenes Lopes versus Brasil (2006), Trabalhadores da Fazenda Brasil Verde versus Brasil (2016) and Empregados da Fábrica de Fogos de Santo Antônio de Jesus e seus Familiares versus Brasil (2020) are the specific cases related to social rights in which the IA Court condemned Brazil. Furthermore, in the cases prior to 2017, specifically Ximenes Lopes versus Brasil and Empregados da Fábrica de Fogos de Santo Antônio de Jesus e seus Familiares versus Brasil, there was indirect protection of a social right, namely the right to health and the right to work and working conditions, respectively. On the other hand, in the case of Empregados da Fábrica de Fogos de Santo Antônio de Jesus e seus Familiares versus Brasil, which took place after 2017, there was direct protection of a social right, namely the right to work and working conditions, through Article 26 of the ACHR. There is therefore a difference in the method of protecting social rights in cases before and after 2017.