Abstract

The Inter-American Commission on Human Rights, which appears as one of the OAS organs for the promotion and protection of human rights, with its firm action ends up having significant effects on normative production and the development of public policies in favor of human rights of the Brazilian state.
 Such action derives from the attributions conferred upon them, in particular those related to the preparation of studies, reports and the proposition of recommendations to the States, as well as the adoption of measures that favor the system of protection of human rights at the domestic level and also as regards to the knowledge of individual petitions and interstate communications that contain denunciations of rights that have been debased.
 Although the reports issued by the Commission are not binding as they don’t have the legal nature of a decision, it is often noted that when a report is issued against a particular state that there has been a violation of human rights, it ends up employing efforts to change the situation in the country through legislative changes and public policies.
 The present study intends to analyze some consequences of the reports issued by the Inter-American Commission in face of the Brazilian State whose contrary manifestations count twenty incidences. However, for the purpose of this analysis, which will use the hypothetical-deductive method, where the impact of the recommendations on the internal legal order will be demonstrated, only three cases will be dealt with, since a time frame of the last ten years has been adopted.

Highlights

  • As regards the historical element, Cançado presents as a starting point for the inter-American system of protection of human rights, the American Declaration of the Rights and Duties of Man and the American International Charter of Social Guarantees, both of 1948 and states: “We find that it has been preceded or accompanied by instruments of varying content and legal effects that generally address certain situations or categories of rights: such as conventions on the rights of foreigners and naturalized citizens, asylum conventions, women’s rights conventions, resolutions adopted at inter-American conferences on distinct aspects of the protection of human rights and statements by those conferences containing allusions to the theme of human rights.”4

  • As this has not happened with the complaints of racial discrimination lodged by Afro-descendants in Brazil, the Commission concluded that the Brazilian State has flagrantly violated the principle of equality enshrined in the American Declaration and the American Convention, which it undertook to respect, and which dictates that all persons are equal before the law and have the right to equal protection of the law, without discrimination

  • A profound change has occurred in the world in the area of human rights with the creation of protection systems at the international level as well as at the regional level

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Summary

INTRODUCTION

The Inter-American Commission on Human Rights, which appears as one of the Organization of American States organs for the promotion and protection of human rights, with its firm action ends up having significant effects on normative production and the development of public policies in favor of human rights of the Brazilian state Such action derives from the attributions conferred upon them, in particular those related to the preparation of studies, reports and the proposition of recommendations to the States, as well as the adoption of measures that favor the system of protection of human rights at the domestic level and as regards to the knowledge of individual petitions and interstate communications that contain denunciations of rights that have been debased. For the purpose of this analysis, which will use the hypothetical-deductive method, where the impact of the recommendations on the internal legal order will be demonstrated, some cases will be dealt with, since a time frame of the last ten years has been adopted

THE HUMAN RIGHTS PROTECTION SYSTEM IN THE AMERICAN CONTINENT
Articles of the OAS Charter
THE HUMAN RIGHTS INTER-AMERICAN COMISSION
26 The matter is also included in the Commission’s Rules and Procedures
CONCLUSION
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