Diálogo jurisdicional sob uma perspectiva de discriminação estrutural entre Supremo Tribunal Federal e Corte Interamericana de Direitos Humanos no julgamento de ações relativas ao uso das forças policiais de segurança pública.

Abstract

The research analyzes the judicial dialogue between the Supreme Federal Court (STF) and the Inter-American Court of Human Rights (IACHR) in cases related to the use of police forces in favelas, focusing on the notion of structural discrimination. The study aims to identify intersections between the IACHR’s decision in the Favela Nova Brasília Case and the ruling on the Allegation of Noncompliance with a Fundamental Precept (ADPF) 635 by the STF, examining non-repetition measures and the implementation of public policies determined by each body. From a multilevel rights protection perspective, the research investigates to what extent the STF adopts elements of the international decision to support its own rulings. The method used is deductive, starting with a general analysis of the dialogue between the Courts and applying this premise to specific cases. The chosen procedure is analytical, considering the judgments of ADPF 635 and the Favela Nova Brasília Case to understand whether the STF is influenced by the IACHR’s decisions and whether it incorporates the concept of structural discrimination developed by the Inter-American tribunal. The research is bibliographic, based on the review of judicial decisions, books, and articles on the subject. It is linked to the research line on Contemporary Constitutionalism, particularly regarding public security and the jurisprudence of the IACHR and the STF, considering the jurisdictional role in protecting vulnerable groups. The study reveals that the STF, albeit timidly, engages in dialogue with the IACHR, incorporating aspects of the international ruling into its reasoning. It is observed that there is a recognition of the importance of the IACHR’s decision in the Favela Nova Brasília Case, even if its application by the STF is not complete. The Brazilian court considers elements such as the need for oversight of police actions and the adoption of measures to prevent repeated human rights violations. However, despite this acknowledgment, the dialogue between the Courts remains incipient, with limited progress in the effective incorporation of IACHR jurisprudence by the STF. The research suggests that greater alignment between the courts could strengthen the protection of fundamental rights and contribute to the implementation of more effective public security policies in favelas. This study is linked to the research of Prof. Dr. Rogério Gesta Leal, regarding public security issues, and to the research of Prof. Dr. Mônia Clarissa Hennig Leal, which examines the jurisprudence of the IACHR and the STF from a multilevel rights protection perspective. Thus, the 10 research concludes that, although the STF acknowledges the IACHR’s decision, judicial dialogue between the courts must advance further to ensure a more effective application of Inter-American jurisprudence in the Brazilian context.