THE BINDINGNESS OF PRECEDENTS IN THE INTER-AMERICAN SYSTEM BEYOND RES INTERPRETATA: a theoretical-empirical analysis of the hemispheric rules of precedent based on the dialogue by precedents between the Inter-American Court of Human Rights and the Brazilian Federal Supreme Court
Rules of precedent; Inter-American Human Rights System; Res interpretata; Judicial dialogues; IACrtHR; STF
In the thesis under development, we intend to examine, in light of the issue of the binding nature of judicial precedents, the rules of precedent of the Inter-American Human Rights System and the practices of the Inter-American Court of Human Rights and of the Federal Supreme Court in relation to the use of inter-American precedents. It intends to offer, as an expected result, the identification and systematization of the obligations that would possibly affect the Inter-American Court and national courts when interacting in the context of the application of International Human Rights Law when it is alleged that there is already an inter-American precedent on the matter analyzed, as well as a diagnosis of the current situation of the two courts in this regard.