Em débito com a democracia: panorama latino-americano da Justiça de Transição na Corte Interamericana de Direitos Humanos

Abstract

The Transitional Justice is a mechanism used by post-authoritarian societies to deal with systematic and widespread violations of human rights in undemocratic regimes. In this sense, their actions are oriented to restore and establish individual and collective rights. Against this background, the political actors responsible for political transitions in Latin America have relegated the demands of transitional justice to second place. In view of this, international institutions, in particular the Inter-American Human Rights System (IACHR), have been activated and become key actors in making states responsible for human rights violations occurring in their territories, and in this specific case, those related to violations of the right to life, amnesties and transitional justice. Therefore, this work is oriented to analyze and to draw a situational panorama of the human rights related to the processes of justice of Latin American transition. The hypothesis is defended that, although the measures implemented by the states after the publication of the decisions of the Inter-American Court of Human Rights (IACHR) are also significant for the reparation of rights, in the long term, the lack of a solid democratic base can create gaps for setbacks. Thus, it is believed that the very absence of long-term transitional justice measures for the judgments of the Inter-American Court may be a corroborating factor for States not being encouraged to propose significant structural changes since it is understood that international institutions possess relevant role in transformation or changing state behavior.