Instabilidade político-democrática na América Latina e a Corte Interamericana de Direitos Humanos: normatividade e concretude perante destituições de chefes de Estado

Abstract

The work begins with the premise of political and democratic instability in Latin America, which emerged after the third wave of democratization in the 1980s and 1990s. This instability is characterized by the misuse of impeachments as a means of removing heads of state amidst crises between powers and/or social sectors, resembling a parliamentary vote of confidence. The aim is to explore theoretical concepts from Law and Political Science underpinning the investigation, identifying responses from International Law, notably from the Inter-American System of Human Rights and its Inter-American Court of Human Rights, to the misuse of political trials, considering that democracy and human rights are subjects achieved through international protection. Special attention will be given to the decision-making repertoire of that Court regarding the observance of due process during political trials. Subsequently, the focus will shift to examining the normativity and concreteness surrounding the statements made by the Inter-American Court of Human Rights regarding the political-administrative accountability of democratically elected leaders of the Executive Branch. Finally, a hypothetical application of the identified decision-making parameters to selected real-world cases is proposed, alongside a critical analysis of any indications of lack of interest from International Law in addressing the issue. This analysis is based on the understanding that the field of International Law inherently can and must prevent incidents that could lead to manifestations of political and democratic instability in the region.