The ius constitucionale commune and its conformation in the Inter-American Court Of Human Rights: some theoretical aspects

Abstract

The article seeks to answer the following question: what is the concept of ius constitutionale commune in Latin America and what is its theoretical conformation by the Inter-American Court of Human Rights? To answer the question, it was intended to discuss the concept of ius constitutionale commune in Latin America, explain the fundamentality of the dialogue between national and international systems for a broader protection of human rights and thereby contributing to the development of ius constitutionale commune in region, to subsequently analyze the theoretical conformation of the ius constitucionale commune by the Inter-American Court of Human Rights. To achieve this objective it’s used the deductive method through the technique of bibliographic and documentary research. It was concluded that the development of the ius constitucionale commune in the Latin American region results from several factors – constitutional openings, integration of States into the Inter-American System, recognition of the jurisdiction of the Inter-American Court, exercise of conventionality control, jurisdictional dialogues, among others –, while its theoretical conformation has emerged from the jurisprudential constructions of the Inter-American Court.

Keywords

• ius constitucionale commune. constitucionalismo transformador. jurisprudência interamericana. corte interamericana de direitos humanos.