STRUCTURAL VIOLATIONS IN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM: AN ANALYSIS BASED ON THE CASE FAVELA NOVA BRASÍLIA VS. BRAZIL

Abstract

Objetivo: The main objective of this work is to understand whether the Brazilian conviction by the Inter-American Court of Human Rights (IDH Court), in the case of Favela Nova Brasília vs. Brazil, caused material and symbolic effects capable of helping to face a structural litigation caused by the malfunction of the public security system in the state of Rio de Janeiro.

Methodology: The deductive method and bibliographic-documentary research are adopted, with a qualitative approach.

Results: Despite the importance of the Inter-American Human Rights System, the almost complete failure to comply with the penalties presented in the decision that condemns Brazil for the atrocities committed in the case in question, demonstrates the country's disregard for the realization of human rights, as well as an evident violation of international obligations. It is also worth noting, in this sense, that none of the three measures fully adopted by Brazil, aimed at overcoming the problem related to the public security system in the state of Rio de Janeiro, has a structural character. Given this scenario, it is clear that, so far, the sentence has not caused the intended material or symbolic effects.

Contributions: The Brazilian conviction in the case of Favela Nova Brasília v. Brazil, despite not having produced all the conjectured results, it had an unexpected material effect: it served as a driving force for the proposal of ADPF 635, known as “ADPF das Favelas”. The aforementioned action proved to be an important instrument to face the nefarious violations of human and fundamental rights caused by the public security policy of the state of Rio de Janeiro, as well as a landmark in terms of the empowerment of victims, who saw in the STF a forum of political deliberation and a locus in which their demands could be met. Still in this sense, the Action directly addresses the fact that police violence affects, above all, the black population that inhabits the favelas, an important aspect in the fight against structural racism. This reality reinforces the capacity of the Inter-American Human Rights System to cause transformative impacts, as well as highlights the relevance of the work carried out by the Inter-American Court of Human Rights, especially in scenarios of extreme inequality, exclusion and violence such as the Brazilian one.