A atuação da Corte Interamericana de Direitos Humanos na proteção de grupos em situação de vulnerabilidade : análise e mapeamento de suas sentenças.

Abstract

From the context of the post-World War II, the need to protect and guarantee both human and fundamental rights as well as the dignity of the human being was recognized, articulating International Systems of Protection (global and regional), based on a perspective of multilevel protection of rights. The Inter-American System for the Protection of Human Rights, especially formed by the Commission and the Inter-American Court of Human Rights, performs a fundamental role in the Latin American scenario, with emphasis on the role played in protecting vulnerable groups. With this given, based on all decisions made, with the basis on the right to equal protection under the law (article 24 of the American Convention on Human Rights), as well as the right to non-discrimination (article 1.1 of the same Convention), how does the Inter-American Court of Human Rights conducts cases involving groups in a vulnerable situation (ethnic, racial, gender, indigenous, migrant, sexual orientation)? In order to specifically verify aspects such as: there is or is not a determination to implement public policies; what is the nature of the measures imposed; which Powers they are intended for (Executive, Legislative or Judiciary) and what “formula” the Court uses to enforce these measures, that is, these are more general or specific requirements and parameters (leaving greater or lesser margin to the State to conform these public policies). In order to answer the proposed problem, the hypothetical-deductive approach method is used in the structuring and organization of the text; as to procedural method, the analytical one is used and as to research technique, the indirect documentation. In the first chapter, therefore, the scenario of the emergence and evolution of the Inter-American System of Protection of Human Rights is studied, with special focus on the jurisdiction of the Inter-American Court of Human Rights; The second chapter addresses the role played by the Inter-American Court of Human Rights, as guardian of the American Convention on Human Rights, in protecting vulnerable groups through structuring measures and the implementation of public policies; Finally, the third chapter examines the position of the Inter-American Court, when it comes to the right to non-discrimination and equal protection before the law involving groups in vulnerable situations, by examining all decisions made by it so far that are based on the violation of these rights. The research is related to both the work developed by the professor advisor, Profa. Dra. Mônia Clarissa Hennig Leal, as well as to the research line of the Graduate Program in Law of the University of Santa Cruz do Sul, as it deals with the theme of human rights protection, based on the logics as well as the implementation of public policies aimed at vulnerable groups. It is concluded, in this regard, that the Inter-American Court adopts a structuring and preventive approach, based on the adoption of guarantees of repetition, determining the implementation of public policies intended at protecting vulnerable groups.