THE DECISIONS OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS RELATED TO BRAZIL AND THE ROLE OF THE UNIT FOR MONITORING COMPLIANCE WITH JUDGMENTS OF THE INTER-AMERICAN SYSTEM OF HUMAN RIGHTS - UMF/CNJ
Inter-American Court of Human Rights; Unit for Monitoring Compliance with Judgments of the Inter-American System of Human Rights; National Council of Justice; National implementation mechanisms; Indicators.
National mechanisms for the implementation of human rights decisions have sparked intense institutional and academic debates. These discussions revolve around the relationship between compliance with Inter-American decisions and the adoption of specific national structures for their implementation. In this context, this research examines how the Unit for Monitoring Compliance with Judgments of the Inter-American System of Human Rights (UMF/CNJ) operates regarding the compliance and impact of judgments issued by the Inter-American Court of Human Rights concerning the Brazilian state. The general objective is to shed light on the activities developed by the mentioned Unit that have contributed to the fulfillment of reparations measures established by the Inter-American Court. Furthermore, it seeks to analyze the potential limits of its action and mandate. To this end, the activities carried out by the UMF/CNJ from 2021 to 2023 were analyzed in conjunction with the Inter-American parameters developed in the respective judgments examined, as well as the regulations governing the UMF/CNJ's duties. It starts from the premise of the need for the humanization of international law taught by Cançado Trindade, the existence of various challenges inherent in International Human Rights Law, particularly concerning the relationship between domestic and international law, as well as the need to build pathways to guarantee human rights in a dialogical and empirical manner, as taught by George Galindo. From a critical standpoint, it was possible to identify the contributions and limitations of the UMF/CNJ. In this sense, the adoption of a methodology based on human rights monitoring indicators is proposed to provide greater objectivity and precision in institutional action.