Banca de QUALIFICAÇÃO: TAIZ MARRÃO BATISTA DA COSTA

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : TAIZ MARRÃO BATISTA DA COSTA
DATE: 20/10/2023
TIME: 15:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGUwZmViZDAtNjI3Zi00YmQxLThiN2QtOGFjODBkZGQ3N
TITLE:

A final interpreter (?): the authority of the Inter-American Court of Human Rights considering its interaction with national courts.

KEY WORDS:

Inter-American Court of Human Rights; Conventionality Control; Supervision of implementation and compliance of Inter-American Court’s rulings; National Jurisdictions; Institutional Interactions

PAGES: 41
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Although created by the Inter-American Court of Human Rights over a decade ago, the conventionality control doctrine seems to still find a slippery terrain in terms of its application within the multiple State´s jurisdictions. As Inter-American Court Judge Humberto Sierra Porto pointed out in 2020 in an interview documented in the publication of the Colegio de Humanidades y Ciencias Sociales of the Universidad Autónoma de la Ciudad de México, some of the greatest current challenges for the Inter-American Court are precisely to improve its relations with national courts in terms of the meaning of the control of conventionality and to work on a regional understanding of the nature of the sources of international law. The maximalist model of adjudication of the Inter-American Court has historically reserved a restricted normative space for member states, perhaps in view of a lack of confidence in the possibility of local making of effective normative conditions for the fulfillment of international obligations for the protection of human rights. Nevertheless, both the effectiveness and the legitimacy of the international court may suffer due to said understanding possibly based upon an assumption of moral inequality among the actors of the System. Therefore, waves of resistance to the authority of the Inter-American Court are observed, even in realities in which international law has traditionally had more influence. The concept of conventionality control brings about a reflection on the issue of authority in Law. The absence of social and political deliberation on its emergence does not shield it from an ongoing debate on its character during the supervision of compliance of international judgments. Despite the Inter-American Court's traditional understanding concerning the existence of a last word or final interpretation regarding the protection of human rights, the contours of the concept of conventionality control are alive and can undergo practical modulations, with theoretical consequences, through institutional interactions. The proposed research aims to analyze the dynamics of interactions around the concept of conventionality control, during the phase of compliance with the judgments of the Inter-American Court, identifying possible disputes about its scope and limits, as well as local modalities of re-elaboration, with nuances sometimes divergent from the normative model outlined by the international court.

COMMITTEE MEMBERS:
Externa à Instituição - TATIANA DE ALMEIDA FREITAS RODRIGUES CARDOSO SQUEFF - UFRGS
Externa à Instituição - FABIA FERNANDES CARVALHO - UNIFESP
Presidente - 2492387 - JULIANO ZAIDEN BENVINDO
Interno - 1134743 - MARCELO DA COSTA PINTO NEVES