CLAIMS FOR SOCIAL RIGHTS AND STRUCTURAL DISCRIMINATION: THE CASE TAVARES PEREIRA AND OTHERS VS. BRAZIL IN THE INTERAMERICAN COURT OF HUMAN RIGHTS

Authors

• Fernando Roberto Schnorr Alves
• Arthur Martins Nascimento

Abstract

The recent conviction of Brazil by the Inter-American Court of Human Rights in the case Tavares Pereira and others vs. Brazil rekindles an alert on violation of human rights by the State, regarding treatment given to social claims-oriented protests. Thus, this work aims to answer the following question: based on the decision of the Inter-American Court of Human Rights in the case Tavares Pereira and others vs. Brazil, is it possible to identify a structural discrimination targeting people linked to associations and popular protests related to social claims? This research starts with an analysis of the concepts of structural discrimination and structuring sentences, followed by a detailed investigation of the decision by the Inter-American Court by which Brazil was convicted. The deductive method is used as the approach method, while the procedure method will be the analytical, through the indirect documentation research technique, via bibliographical, doctrinaire, and case law research. In the end, based on its motives, it is possible to visualize, in the Inter-American Court of Human Rights’ sentence, discriminatory actions in the conduct of agents engaged in confrontations with people dedicated to social rights claims, as well as in the demeanors of those in charge of conducting the investigation of the excesses committed by the first ones, which demonstrates an institutionalized discrimination, corroborating to the highlight of its structural nature.