Herzog and others versus Brazil: dialogue between courts or legal monologue?

Authors

  • Alberto Hora Mendonça Filho Universidade Tiradentes
  • Clara Cardoso Machado Jaborandy

DOI:

https://doi.org/10.18316/redes.v8i1.5025

Keywords:

ICHR, Conventionality, Jurisprudence, Justice of Transition, Press.

Abstract

Because of the internationalization of legal norms, international treaties play an important role in the protection of human rights. Thus, ask if: is the Brazilian legal order open to international human rights law, especially in relation to human rights violations that occurred during the Military Dictatorship (1964-1985)? Given this, it is important to critically study Brazil’s regional integration to the Regional Protection System for Human Rights, based on the case of Herzog et al. Brazil. For this purpose, a qualitative research is used, being bibliographic-documentary, since scientific articles and legal works were consulted, such as legal, conventional and constitutional rules. The deductive method was also adopted. In the end, it is concluded that the dialogue of the courts is necessary, avoiding parochialism, as a character of justice.

Author Biographies

Alberto Hora Mendonça Filho, Universidade Tiradentes

Advogado. Mestrando em Direitos Humanos pela Universidade Tiradentes (UNIT/SE). Integrante do grupo de pesquisa "Novas tecnologias e impacto nos Direitos Humanos", presente no diretório CNPq.

Clara Cardoso Machado Jaborandy

Doutora em Direito pela Universidade Federal da Bahia (UFBA). Mestre pela UFBA. Professora do Mestrado em Direitos Humanos da UNIT. Coordenadora do Grupo de pesquisa "Direitos Fundamentais, novos direitos e evolução social".

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Published

2020-02-20

Issue

Vol. 8 No. 1 (2020)

Section

Articles

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