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| Author(s): |
Bruno Boti Bernardi
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Filosofia, Letras e Ciências Humanas (FFLCH/SBD) |
| Defense date: | 2015-09-02 |
| Examining board members: |
Rossana Rocha Reis;
Par Ola Gustav Engstrom;
Edson Luis de Almeida Teles;
Deisy de Freitas Lima Ventura;
Natalia Saltalamacchia Ziccardi
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| Advisor: | Rossana Rocha Reis |
| Abstract | |
The aim of this dissertation is to analyze how and why the norms of the Inter-American Human Rights System on transitional justice exerted an impact on human rights issues in Brazil, Colombia, Mexico and Peru. Based on the emerging theoretical approach according to which the effects of international human rights regimes are conditioned by domestic factors of the target-countries, our research seeks to unravel how domestic politics influences and mediates the potential impact of these international norms that comprise the justice cascade, highlighting the role of human rights non-governmental organizations (NGOs) and the local higher courts, since these actors are central both to the process of transitional justice and for the activation and enforcement of the Inter-American systems rules. In this sense, a qualitative research design based on semi-structured interviews with civil society actors and judges involved with the theme was adopted, in addition to the consultation of secondary sources and courts rulings. Then, from the analysis of this material, we tested the hypothesis that the Inter-American system will have a domestic impact if and when NGOs and local judges are able to understand and use it as an effective mechanism for their own \"empowerment\". Therefore, contrary to most studies that focus on Executives actions to explain the impact of international human rights norms, our conclusions urge the research agendas on the human rights international regime and transitional justice to pay more attention to the role and profile of judicial actors and domestic litigants, since human rights advacements are anchored on the mobilization of international norms that cannot be understood separately from the agency of NGOs and magistrates (AU) | |