INTER-JUDICIAL DIALOGUES: THE OBLIGATION OF ITS DEVELOPMENT IN THE INTER-AMERICAN SYSTEM FOR PROTECTION OF HUMAN RIGHTS

• Main Authors: Luciani Coimbra de Carvalho, Angela Jank Calixto
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 2019-05-01
• Series: Revista Eletrônica do Curso de Direito da UFSM
• Subjects: coisa interpretada; diálogos interjudiciais; direitos humanos; sistema interamericano de proteção dos direitos humanos; vínculo jurídico.
• Online Access: https://periodicos.ufsm.br/revistadireito/article/view/30919

The protection of human rights in the present global scenario of legal fragmentation depends on the interaction between different legal orders, which occurs through the establishment of inter-judicial dialogues. In view of the relevance of the study of inter-judicial dialogues for the effective protection of an individual in the Inter-American System for Protection of Human Rights (IAHR), it is sought to identify, by an exploratory, bibliographic, documentary and qualitative research and using the deductive method, factors that require the promotion of such dialogues. Based on observation of the existence of a judicial apparatus that establishes a binding legal relationship between States that belong to the IAHS and the admission that interpretations conferred by the Inter-American Court to regional norms form “thing interpreted” with “erga omnes” effectiveness, elements that reveal the existence of such factors, it is concluded that there is an obligation to establish such a dialogical relationship, as a logical consequence of the assumption by States of the obligation to harmonize the internal order with norms and jurisprudence established in the inter-American scenario.