A necessidade de criação de novos instrumentos para atribuir indiscutível competência à Corte Interamericana de Direitos Humanos para o julgamento direto e autônomo dos direitos econômicos, sociais, culturais e ambientais.

Abstract

This thesis has as its theme the analysis of the performance of the Inter-American Court of Human Rights which, since 2017, has held the States Parties responsible, which submit to its jurisdiction, directly and autonomously, for the violation of economic, social , cultural and environmental, based on an expansive interpretation of art. 26 of the American Convention on Human Rights and, consequently, the need to create instruments that ensure its full and indisputable competence. This research is justified by being aligned with the Area of Concentration - Social Rights and Public Policies, as well as the line of Research Diversity and Public Policies, of the Graduate Program in Law at the University of Santa Cruz do Sul, Doctoral Course in Law, under the direct guidance of Prof. doctor Clovis Gorczevski, co-supervisor is Prof. Dr Roberto Alfonso Viciano Pastor of the Universitat de València and as co supervisor of the Sandwich Doctorate Program Abroad (PDSE/CAPES) at the Universidad de Burgos to Professor Dr. Nuria Belloso Martin. The study presents the following question as a research problem: considering that the competence for judgment of the Inter-American Court of Human Rights on economic, social, cultural and environmental rights, supported by art. 26 of the American Convention on Human Rights, is not pacific, what mechanisms to grant it full competence can be presented by the Brazilian State? The general objective of this thesis is to investigate the debatable lack of competence of the Inter-American Court of Human Rights in international accountability on the so-called ESCR and to present the alternative of elaborating an Additional Protocol by the Brazilian State to grant it full and indisputable competence. The specific objectives that permeate the research are: to carry out a historical study on the formation of the State and the element of national sovereignty, permeating the approach of international law and the flexibility of sovereignty in contemporary times; analyze the emergence of human rights, their evolution and obligation based on international treaties and ratifications by States, determining the hierarchy of instruments for the protection and guarantee of human rights, with emphasis on the period from the Universal Declaration of Human Rights to the Sustainable Development Goals ( Agenda 2030); examine the International Systems for the Protection of Human Rights based on their internationalization, the main international normative instruments on the subject and the protection mechanisms at global and regional levels; explain the performance of the American System based on the Organization of American States and the System for the 11 Protection of Human Rights, normative and organizational, and explain the performance of the Inter-American Court of Human Rights in its performance in the matter of economic, social, cultural and environmental rights in parallel with the analysis of the performance of the European System of Human Rights on the subject, determining the lack of competence of the Inter-American Court and the proposal of adoption of an Additional Protocol. The method used in the investigation and data processing phase is deductive, being an instrument for carrying out the documental and bibliographical technique, supported by international normative instruments, bibliographical and jurisprudential sources. As a result of the research carried out, it is concluded that the Inter-American Court of Human Rights lacks competence over economic, social, cultural and environmental rights in the responsibilities regarding the direct and autonomous justiciability of the mentioned rights, proposing, on the other hand, the adoption of a Protocol Additional to the American Convention on Human Rights to be held by the Brazilian State at the General Assembly of the Organization of American States.