Proteção do direito à propriedade privada das pessoas naturais acionistas e sócios de empresas na jurisprudência da Corte Interamericana de Direitos Humanos

Abstract

The article reviews the jurisprudence of the Inter-American Court of Human Rights on the protection of the right to property of natural person shareholders of companies. The objective is to evidence the manner in which this Court has protected the right, despite the provision of Article 1.2 of the American Convention that excludes the recognition of rights of legal persons. The present work argues that the Inter-American Court has managed to protect the right to private property of natural person shareholders in two ways. First, through the distinction it has made between the rights of the natural person as a partner or shareholder of a company and the rights of the company itself as a legal person. Secondly, through the interpretation it has made regarding the exhaustion of domestic remedies, as an admissibility requirement set forth in Article 46.1.a) of the American Convention, when such remedies can only be exhausted by the legal person and not by shareholders, when distinguishing between the analysis of the exhaustion of resources and the analysis of the ownership of the rights of legal persons. In this manner, the Court has eliminated access barriers to the organs of the Inter-American Human Rights System and has reaffirmed the object and purpose of the Convention as an instrument that recognizes and protects the human rights of all natural persons.