The Contributions of the Inter-American Court of Human Rights to the Development of Transitional Justice

Abstract

Transitional justice refers to the set of judicial and non-judicial measures adopted by different countries in order to confront their dictatorial past. In practice, countries adopt different transitional policies according to their own political, legal, social, historical, and cultural traditions. This applies, for example, to Latin American countries, some of which enacted amnesty laws currently in force, while others tried and convicted those responsible for human rights violations. In this process, the Inter-American Court of Human Rights has contributed significantly to the progress of transitional justice. Through its jurisprudence, the Court has enshrined fundamental principles related to transitional justice. In addition, it has helped Latin American countries overcome jurisprudential positions and revoke national laws that contradict international human rights standards. This article examines the contribution of the Inter-American Court of Human Rights to the development of transitional justice, with an emphasis on the case of Brazil. Ultimately, it assesses the impact of selected court jurisprudence on Brazil in order to identify the quality of the existing dialogue on transitional justice between the Inter-American Court of Human Rights and the Brazilian Supreme Federal Court.