Sulear o direito internacional: pesquisa documental sobre a dimensão intranacional up-down das soluções amistosas da CIDH

• Ano de defesa: 2025
• Autor(a) principal: Verdum, Ana Carolina Campara
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Santa Maria; Brasil; Direito; UFSM; Programa de Pós-Graduação em Direito; Centro de Ciências Sociais e Humanas
• Palavras-chave em Português: Soluções amistosas; Comissão Interamericana de Direitos Humanos; Direito internacional; Processos jurídico-políticos domésticos; Friendly settlements; Inter-American Commission on Human Rights; International law; Domestic legal-political processes; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://repositorio.ufsm.br/handle/1/34553

This research empirically investigates how reparatory measures agreed upon in friendly settlements of the Inter-American Commission on Human Rights (IACHR) influence domestic legal-political processes. The specific objectives of the research are, first, to review the specialized literature that discusses how international law influences domestic processes and the literature on friendly settlements of the IACHR. Then, to produce a survey, analysis and categorization of the reparatory measures agreed upon in friendly settlements of the IACHR approved between January 2011 and 2023. Finally, based on the data, the objective is to discuss the ways in which the reparatory measures agreed upon in friendly settlements of the IACHR influence domestic legal-political processes. The research employs grounded theory and, for the collection of evidence, uses procedures of literature review, bibliometrics, survey and documentary analysis. The research’s documental corpus includes all 129 reports on friendly settlements approved by the IACHR between January 2011 and 2023. It contains transcripts of agreements reached between the State and individual(s) and/or organization(s) to repair human rights violations. The content analysis technique is applied to investigate these agreements. In this way, the research not only captures the perspective of the IACHR, but mainly captures the perspectives of the States and individuals and/or organizations. And, to assess compliance with reparatory measures, 62 Total Compliance Forms, 13 Annual Reports and Monitoring Forms related to 16 States from 13 different years, all published by the IACHR, are added to the documental corpus. Among the research results, a theoretical dialogue is proposed between Slaughter and Burke-White (2006), Risse et al. (1999, 2013) and decolonial approaches, especially TWAIL, to better understand the domestic effects of international law. The existence of Latin American studies on the influence of the Inter-American Human Rights System on domestic politics and law is noteworthy. A documentary research design and content analysis of reparatory measures of friendly settlements are proposed, which can be applied in other studies. Through content analysis, 778 reparatory measures were identified in the 129 agreements analyzed. These measures were framed in 73 different subjects and articulate different types of reparation. Measures of the compensation and satisfaction modalities predominate in the agreements. Even so, 176 non-repetition measures were identified. In 71% of the agreements, the State committed to adopting at least one measure of structural scope. The influence of friendly settlements on domestic legal-political processes occurs from three main spheres of institutional mobilization – development of norms, structuring of policies and guarantee of access to rights or policies. The friendly settlements analyzed involved not only national governments, but also state, provincial and municipal governments. Furthermore, 48.1% of the agreements were fully complied with and 51.9% were partially complied with. These results corroborate the existence of a rich space of production of knowledge and legal instruments, and contextualize, based on friendly settlements at the IACHR, the possibility of international law strengthening, supporting, empowering and compelling the action of domestic institutions and influencing the socialization of human rights in Latin America.