Dialogue between Court as an Instrument of Legitimation of the Inter-American Court of Human Rights

被引:0
|
作者
Lopes, Ana Maria D'Avila [1 ]
dos Santos Junior, Luis Haroldo Pereira [1 ,2 ]
机构
[1] Univ Fortaleza, Fortaleza, CE, Brazil
[2] Univ Fed Rio Grande do Sul, Porto Alegre, RS, Brazil
来源
REVISTA DE ESTUDOS CONSTITUCIONAIS HERMENEUTICA E TEORIA DO DIREITO-RECHTD | 2022年 / 14卷 / 01期
关键词
Dialogue between courts; Legitimacy; Human rights; Inter-American Court of Human Rights;
D O I
10.4013/rechtd.2022.141.05
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
With the increasing internationalization of human rights, several mechanisms were envisaged to give them materiality and enforceability, among which the foundation of international tribunals, such as the Inter -American Court of Human Rights, stands out. Notwithstanding its importance, the tribunal's action has been provoking criticism, either from a procedural or substantive perspective, calling into question its legitimacy by interfering in internal affairs of the States. In this context, this work, through documentary, doctrinal and jurisprudential analysis, aims to analyze how the dialogue between the courts contributes to strengthening the legitimacy of the Inter-American Court of Human Rights, removing criticism about its actions. In this way, it was verified that the dialogue between this Court and the State courts, which recognize their contentious jurisdiction, can constitute a valuable mechanism in the search for solutions to the common problems faced in the region, giving greater legitimacy to decisions, especially in view of the character imposition and binding of the same, achieved with the adoption of conventionality control.
引用
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页码:71 / 90
页数:20
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