The criminal law of human rights: paradoxes in the criminal discourse of the Inter-American Human Rights Court

Author(s)

Raquel da Cruz Lima

• Document type: Master's Dissertation
• Press: São Paulo.
• Institution: Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
• Defense date: 2014-02-10

Examining board members

André de Carvalho Ramos; Flávia Piovesan; Sergio Salomão Shecaira

• Advisor: André de Carvalho Ramos

Abstract

The aim of this work is to analyze the decisions of the Inter-American Court of Human Rights dealing with the duty of States to investigate and punish those responsible for human rights violations. It is taking into account that the Inter-American System has had a prominent role in the development of an international standard establishing individual criminal accountability for human rights violations. Even with all the political changes in the countries that accept the jurisdiction of the IACHR, this research identifies that the criminal law has been a striking matter in the Inter-American jurisprudence, both in the establishment of state responsibility as the imposition of remedial actions. Still, when comparing different types of cases that deal with the criminal justice, paradoxes and gaps in how the Inter-American Court oversees the criminal law begin to emerge. (AU)

• FAPESP's process: 11/05299-9 - The criminal law of human rights: the paradoxes in the punitive discourse of the Inter-american Human Rights Court
• Grantee: Raquel da Cruz Lima
• Support Opportunities: Scholarships in Brazil - Master