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- Title
SEGURANÇA JURÍDICA NA JURISDIÇÃO CONTENCIOSA DA CORTE INTERAMERICANA DE DIREITOS HUMANOS ATRAVÉS DA SINALIZAÇÃO-ALERTA DE INTERPRETAÇÕES EM OPINIÕES CONSULTIVAS.
- Authors
CARDOSO SQUEFF, TATIANA; SIMOR DE FREITAS, FELIPE
- Abstract
Objective: This article aims to discuss the use of Advisory Opinions by the Inter-American Court of Human Rights as a way to anticipate the release of new interpretative parameters that provide greater protection to the human person. Specifically, it is considered that the Court, through advisory jurisdiction, carries out an alert signaling of more advanced understandings in protective terms, so that the decisions in contentious cases that follow the Opinions only confirm such understanding. Methodology: We emphasize the option for the hypothetical deductive method of approach, in an attempt to verify the viability of the Advisory Opinions as anticipating inter-American parameters; from the analytical-explanatory and critical model of analysis, passing through a theoretical examination of decisions in International Law, culminating in the specific observation of the Opinions of the Inter-American Court and the criticism in relation to the warning signs of new understandings; and procedural documentary and bibliographical techniques, with a special focus on recent decisions and opinions of the Inter-American Court and doctrines of international law. Results: We conclude from this study that the Inter-American Court, when it aims to launch new understandings using its contentious jurisdiction, carries out an alert-signal of the same in Advisory Opinions. Moreover, it is stated that this conduct guarantees the legal certainty that its critics tend to emphasize, not proving to be feasible to refer to a supposed judicial activism carried out by its magistrates, but the opposite. Contributions: This text contributes to the understanding that the Inter-American Court, especially its judges, do not seem to operate as it is conventionally called judicial activism. In a different way, this text points out that Inter-American judges have the duty not only to declare, interpret and apply conventional law, but also to operate for its progressive development, which includes a creative space in the pursuit of achieving the goals of the inter-american system., and whose realization (and "signaling") takes place through Advisory Opinions. These tend to pave the way for the understanding the Court, anticipating findings that will be put in decisions of contentious cases.
- Subjects
INTERNATIONAL law; INTER-American Court of Human Rights; ADVISORY opinions; INTERNATIONAL courts; JUDICIAL opinions; JUDGES
- Publication
Revista Jurídica (0103-3506), 2023, Vol 1, Issue 73, p159
- ISSN
0103-3506
- Publication type
Article