Análise da influência das recomendações da Corte Interamericana em Políticas Públicas Latino-Americanas

Abstract

This study examines the role of the Inter-American Court of Human Rights in the formulation of public policies across Latin American countries, through its judgments and recommendations. It is based on the hypothesis that the Court seeks to act as a transformative agent, employing persuasive mechanisms to influence States and foster a regional culture of respect for Economic, Social, Cultural, and Environmental Rights (ESCER). The research is grounded in the analysis of three landmark cases, which reveal a consistent pattern in the Court’s recommendations, characterized by detailed guidance, robust legal reasoning, and tools aimed at promoting structural reforms. The methodology adopted combines a comparative and exploratory analysis of contentious cases considered paradigmatic in the field of public policy, along with insights from existing academic literature. The analytical framework is based on the process tracing method, applying the shotgun mechanism to the documentary analysis of selected rulings. This approach enables the identification of patterns and underlying mechanisms. Findings indicate that the Court goes beyond awarding financial reparations, also mandating measures of satisfaction, rehabilitation, and guarantees of non-repetition, which often entail legislative reforms and the establishment of monitoring mechanisms. Furthermore, while the implementation of its decisions faces challenges, the Court's jurisprudence has demonstrable influence on national policy frameworks. The study concludes that the Inter-American Court of Human Rights does not merely adjudicate human rights violations but actively contributes to the shaping of public policy, thereby consolidating latin american standards for the protection and promotion of human rights.