Brazilian ‘Supremocracy’ and the Inter-American Court of Human Rights: Unpicking an Unclear Relationship

Abstract

Existing literature on the Inter-American Human Rights System generally portrays an evolving transnational community of courts, with domestic apex courts and the Inter-American Court of Human Rights engaged in a shared and mutually reinforcing enterprise to vindicate rights and curb the arbitrary exercise of state power. This chapter addresses an underexplored relationship which cuts against this harmonious picture—namely, the rather frosty stance of the Supreme Federal Court of Brazil towards the Inter-American Court of Human Rights. It is argued that this relationship is not only interesting in itself, but highlights the need for further exploration of a number of questions which go to the heart of our understanding of the Inter-American Human Rights System, including the precise requirements of ‘conventionality control’, and the extent to which the Inter-American Court of Human Rights’ jurisprudential approach can accommodate opposing domestic positions. These are questions that have global resonance—in Europe, Africa and in world regions contemplating the establishment of regional human rights courts.

The author wishes to thank the National University of Ireland (NUI) for providing the Travelling Studentship in International Law to support this research. Thanks are also owed to Prof. Conrado Hübner Mendes, Prof. Oscar Vilhena Vieira, FGV Direito São Paulo, the Brazilian Society of Public Law, the Supreme Federal Court of Brazil, and the Global Justice Academy at the University of Edinburgh for their assistance with this research.