Creating bridges between international relations theory and international human rights law: Constructivism and the role of Brazil in the inter-American system of human rights

Abstract

Human rights were traditionally approached in International Relations by the Schools of Realism and Liberalism. However, these two theoretical approaches to the analysis of these rights have proved to be insufficient, requiring a different reading of the reality of human rights in international society. This work considers the constructivist approach to analyze the effects of the Inter-American Human Rights System on disputes involving the Brazilian State, in order to identify why the Brazilian Supreme Court accepts or not the directions/standards formulated by the System in relation to the promotion and protection of human rights in the country. The theoretical basis of this work was the Constructivist Theory of International Relations, from Wendt and Hillebrecht. The method used was the inductive one, with bibliographical research. It was possible to recognize that Brazil did not comply with the determinations established by the Inter-American System in the case of “Gomes Lund v. Brazil” and “Herzog v. Brazil”, but it followed the precepts of the American Convention by precluding the arrest of the unfaithful depositary. Therefore, it was identified that through theoretical constructivism it is possible to use more complex tools to analyze the way in which the States respond to the norms of human rights coming from the international society.