ICCAL AND HUMAN RIGHTS: TRANSFORMATIVE DIALOGUES BETWEEN THE BRAZILIAN JUDICIARY AND THE INTER-AMERICAN SYSTEM
The new public order arises from the intersection of constitutional law and international human rights law. As a direct consequence of this movement emerges the national and international jurisdictions‘ duty to dialogue in their decision-making process of human rights enforcement, which, in Latin America, aims at consolidating an Ius Constitutionale Commune (ICCAL). Such dialogues should strengthen human rights protection and reinforce the rule of law through the pro persona principle. Brazil has traditionally been resistant to this movement, but the Federal Supreme Court‘s recent case law may show otherwise. This panel intends to examine how the Brazilian Court has been dialoguing with the Inter-American System, especially in the emblematic rulings on human rights of the most vulnerable groups, such as indigenous people, gender, afro descendent people, LGBTQIA+.