Abstract
Human rights were traditionally approached in International Relations by the Schools of Realism and Liberalism. However, these two theoretical approaches to the analysis of these rights have proved to be insufficient, requiring a different reading of the reality of human rights in international society. This work considers the constructivist approach to analyze the effects of the Inter-American Human Rights System on disputes involving the Brazilian State, in order to identify why Brazil accepts or not the directions/standards formulated by the System in relation to the promotion and protection of human rights in the country. The theoretical basis of this work was the Constructivist Theory of International Relations, from Wendt and Hillebrecht. The method used was the inductive one, with bibliographical research. It was possible to recognize that Brazil did not comply with the determinations established by the Inter-American System in the case of Gomes Lund v. Brazil, but it followed the precepts of the American Convention by precluding the arrest of the unfaithful depositary. Therefore, it was identified that through theoretical constructivism it is possible to use more complex tools to analyze the way in which the States respond to the norms of human rights coming from the international society.
Highlights
SOUZA, Ismael Francisco de; LEME, Luciana Rocha; SCHERF, Erick da Luz
In the 1980s, the region sees the dismantling of its main military dictatorships in Argentina, Chile, Uruguay and Brazil5, which represents the opening of a discussion over the need of implementation of a certain core of rights due to the main violations of the basic liberties perpetrated by the dictatorial regimes that took place in the States of the region
There are no easy answers to why the States are reluctant in complying with human rights implementation measures coming from IHRCs and what could be done about it, but in order to try to shine a light in the path to these answers, before we must analyze what current mechanisms of compliance are available in the Inter-American System
Summary
SOUZA, Ismael Francisco de; LEME, Luciana Rocha; SCHERF, Erick da Luz. Creating bridges between international relations theory and international human rights law: constructivism and the role of Brazil in the inter-american system of human rights.
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