A Corte Interamericana de Direitos Humanos e grupos vulneráveis : medidas de enfrentamento à discriminação estrutural nas condenações brasileiras.

Abstract

This work addresses the protection of vulnerable groups in the judgments imposed on Brazil by the Inter-American Court of Human Rights, focusing on the analysis of manifestations of structural discrimination and vulnerability present in the Court's decisions. Its general objective is to examine how the Inter-American Court of Human Rights, in judging cases involving the Brazilian State, contributes to the consolidation of substantial and transformative equality, aimed at the effective realization of the fundamental rights of vulnerable groups. In this context, the problem to be addressed is to understand whether and to what extent the judgments of the Inter-American Court have the capacity to induce structural transformations, promoting the confrontation of inequalities and the strengthening of the state's duty to protect human rights, as per the following question: Taking as a reference the Brazilian condemnations issued by the Inter-American Court of Human Rights, are there, in the judgments, indications of aspects related to the notion of structural discrimination and vulnerability, and in what sense are these aspects addressed, with the determination of measures to confront them? To accomplish this task, the deductive method is used, based on bibliographic and documentary research, with international treaties as the main sources, as well as the judgments of the Inter-American Court of Human Rights, especially the judgments condemning Brazil, chosen because of their relevance to the central object of the research and the structural dimension of the measures ordered. This work is linked to the Research Line “Contemporary Constitutionalism” and the Area of Concentration in “Social Rights and Public Policies” of the Stricto Sensu Postgraduate Program in Law at the University of Santa Cruz do Sul, and also to the research of the supervising professor, Dr. Mônia Clarissa Hennig Leal, considering that it aims to examine the decisions of the Inter-American Court of Human Rights. An analysis of all condemnatory decisions against Brazil has shown that the Inter-American Court of Human Rights has played a central role in reaffirming the Brazilian State's duty to protect vulnerable groups, recognizing the existence of patterns of structural discrimination and ordering reparative and preventive measures, such as the formulation of public policies, the training of state agents, and the adoption of guarantees of non-repetition. Finally, it can be stated that international condemnations represent instruments of social and legal transformation, as they induce the Brazilian State to build a more inclusive and dialogical constitutionalism, founded on the universality of fundamental rights, reaffirming the centrality of human dignity and material equality in the international protection of human rights.