International Justice through Domestic Courts: Challenges in Brazil's Judicial Review of the Amnesty Law

Abstract

In April 2010, the Brazilian Supreme Federal Court (SFC) controversially decided to uphold the country’s Amnesty Law, which currently prevents prosecutions for violations of human rights committed during the military dictatorship. However, the Inter-American Court of Human Rights immediately followed with an opposing view in the Araguaia case, by declaring that the Amnesty Law must lack effect under the American Convention. The Brazilian society now faces an unprecedented challenge: how can it expect that its domestic courts would implement such international obligations? Drawing upon the prospects that a renewed SFC may revisit the case in response to the mounting pressures of Araguaia, this article examines the complex legal issues that remain around the enforceability of international justice under Brazil’s constitutional framework. The analysis suggests that different judicial strategies could still be explored in order to shift the SFC’s stance towards a more consistent application of international human rights principles.