As audiências públicas na Corte Interamericana de Direitos Humanos enquanto instrumento de uma justiça dialógica.

Abstract

In a context in which there is now a belief in an expansion of the dialogue between public authorities and society, it is important to highlight the growing role of public hearings in cases already adjudicated by the Inter-American Court of Human Rights, with a view to protecting and implementation of human rights. Thus, public hearings on the international scene play a very important role, since they are seen as an effective means of dialogue, aiming at a dialogical justice. It is in this context that the present research is inserted, asking whether and in what way were the material arguments debated in the public hearings, in the reasoning of the sentences, of the cases condemned by the Court, taking as reference the perspective of a dialogical justice? Through the first chapter, the importance of the universalization of human rights will be brought to light by the fact that many barbarities occurred with wars, leading to a study of the phenomena of judicialization, as well as the courts acting as protagonists in order democracy, in the face of the guarantee of human and fundamental rights. Then, in a second chapter, we intend to analyze the dialogue that can be seen as an instrument that instigates dialogic justice, based on the analysis of the theoretical matrix of dialogical constitutionalism. Therefore, it is important to mention that such a theoretical matrix seeks to reconcile the preservation of the ideal of deliberative democracy with the protection of human and fundamental rights, where public hearings stand out as an instrument for the realization of a dialogical justice. And finally, in the third chapter, an analysis will be made of seven3 public hearings, which have had their cases sentenced in the year 2015, by the Inter-American Court of Human Rights, with their respective4 public public hearings. For the development of the present work, the deductive method is used and as a research technique, the bibliographical is adopted, with the use of scientific books and periodicals in the first moment, as well as research to cases already sentenced by the Inter-American Court of Human Rights In the final chapter. It should be noted that the analysis of videos of the public hearings, which are available on the website of the Inter-American Court of Human Rights, will be used as the basis, more precisely in the multimedia gallery field. Finally, it is understood that the work is linked to the research line "Contemporary Constitutionalism". It explores and deepens the theory of dialogical constitutionalism through a perception of dialogic justice, highlighting whether there is the reference of public hearings and how this appears in cases already sentenced by the Inter-American Court, considering the theoretical framework of 2015. Finally, it was concluded that in most of the analyzed cases data were collected from public hearings to support the decisions of the Inter-American Court of Human Rights in the year 2015, so that the popular participation, in some cases analyzed, is demonstrated by the fact have fulfilled a role beyond the procedural formalities. 3List of cases adjudicated by the Inter-American Court of Human Rights: Case of Peasant Community of Santa Bárbara v. Peru; Case of López Loney Others vs. Honduras; García Ibarra Case and Family Vs. Ecuador; Case of Velásquez Paiz and others v. Guatemala; Case of Omar Humberto Maldonado Vargas and others v. Chile; Case of Ruano Torres and his family Vs. El Salvador, and finally Case of Quispialaya Vilcapoma v. Peru. 4 List of public hearings, in a respective order, with the cases adjudicated by the Inter-American Court in 2015, presented above: (Public Hearing of March 26 and 27, 2010); (Public Hearing of 02 and 03-02-15); (Public Hearing on 04 and 05-02-15); (Public Hearing of 21 and 22-04-15); (Public Hearing of 22 and 23-04-15); (Public Hearing on 04/23/15); (Public Hearing 24-08-15).