BRAZIL'S POSITION ON INTERNATIONAL HUMAN RIGHTS: AN ANALYSIS OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS' RULINGS IN THE FAVELA NOVA BRASÍLIA (11.566) AND FAZENDA BRASIL VERDE (12.066) CASES

Abstract

This article examines Brazil's condemnations by the Inter-American Court of Human Rights in the Favela Nova Brasília and Fazenda Brasil Verde cases. These rulings illuminate the operational framework of the Inter-American system, emphasizing the quasi-judicial role of the Inter-American Commission in processing complaints, ensuring admissibility, and making recommendations, as well as the Court's focus on state accountability for systemic omissions and structural failures, contrasting with the individualized approach typical in domestic judicial systems. The article also critically assesses recurring flaws in Brazil's legal system, such as judicial delays, statute of limitations, and barriers to justice access, highlighting how these issues, while often justified as inherent to domestic legislation, fail as valid defenses under international scrutiny. By reexamining prescribed facts and imposing international obligations, the decisions underscore the need for domestic reforms. This analysis contributes to understanding the mechanisms of international accountability and Brazil's challenges in complying with human rights obligations.