Resistance to the judgments of the inter- american court of human rights by supreme national courts

Abstract

This paper seeks to discuss how the National Supreme Courts have faced the decisions of the Inter-American Court of Human Rights (Corte IDH). Through the inductive method, through the analysis of case studies in Brazil, the Dominican Republic, Trinidad and Tobago, Argentina and Venezuela, the objective is to discuss the consequences and costs of resistances. The study concludes that the National Courts of higher hierarchy end up acting as a new actor in the scenario of international relations, sometimes acting as support for actions of the Chief Executive, sometimes acting with their own agenda. These attitudes, which on some occasions result in non-compliance with the judgments of the Inter- American Court, are favored by the fact that the organs of the process of supervision of judgments of the Inter-American Court do not more persuasively persuade the Member States or issue pronouncements condemned the action by the Court National Supreme, therefore, there are no costs for these national actors. In this sense, the most serious consequence of this scenario is the loss of credibility of the system.