A Corte Interamericana de Direitos Humanos como Tribunal Constitucional Transnacional

Abstract

This thesis investigates the possibility of considering the Inter-American Court as a Transnational Constitutional Court. Firstly, I present an exhaustive description and analysis of advisory opinions. Then, I present a systematic description of the inter-American sentences in the form of a cycle of Honduran, Peruvian and Colombian cases. In both, I describe the adoption of a language and a discourse typical of a Constitutional Court, such as the hierarchical elevation of the ACHR as a parameter of validity of norms, the accomplishment of a control of conventionality and the protection of vulnerable groups. This reasoning of the Inter-American Court was a gradually become a more intervening position in sovereignty that caused different behaviors of the Constitutional Court of Latin America. The Constitutional Court of Colombia, the Constitutional Court of Ecuador and the Plurinational Constitutional Court of Bolívia were sympathetic to this understanding. On the other hand, Constitutional Chamber of the Supreme Court of Justice of Venezuela was antipathetic to this position. Finally, I analyze in exhaustive way of the reception of this discourse in Brazil. Firstly, I present in quantitative and qualitative way all of the provisional measures, judgments and sentencing supervisions in which the Brazil was condemned in the Inter-American Court of Human Rights, demonstrating how Brazilian cases were important for the protection of vulnerable groups. Secondly, there is a qualitative and quantitative analysis of all HCs, REs, ADIs and ADPFs of the STF that mention the Inter-American Court, criticizing the misunderstandings in the indexation or understanding of the caselaw, as well as of the contemporary paper itself of the Inter-American Court.