Transitional justice in Brazil and the jurisprudence of the inter-American court of human rights: a difficult dialogue with the Brazilian judiciary

Abstract

The paper will address transitional justice in Brazil, considering the objectives advocated by its general theory. The main idea is to make a legal analysis of the transition process in Brazil based on the relationship between Brazilian constitutional law and the Inter-American HumanRights System. It will be suggested to reflect on the ways of the dialogue between the two systems of protection of human rights (Inter-American and constitutional) proposed by some contemporary theories. As a conclusion, some reflections on how this situation contributes to the current Brazilian political crisis, especially for a certain popularization of authoritarianism as a political solution.

Keywords

• Brazil
• Transitional Justice
• Inter-American System of Human Rights
• Crimes against humanity
• Authoritarianism