Freedom and Consensual Solutions: A Path for Strategic Litigation

Authors

  • Clara Pacce Pinto Serva Pontifícia Universidade Católica de São paulo
  • Flavia Piovesan Pontifical Catholic University of São Paulo

DOI:

https://doi.org/10.21527/2317-5389.2022.19.12143

Keywords:

Access to Justice. Consensual. State. Strategic Litigation. Diffuse rights., Access to justice, Consensual, State, Strategic Litigation, Diffuse Rights

Abstract

The paper analyzes consensual solutions as part of strategic litigations in light of parties’ freedom of choice for the most adequate solution to each case. Based on the analysis of all the Reports on Friendly Settlements issued by the Inter-American Commission of Human Rights, it aims to evaluate, under Hobbes’ perspective, the role of parties’ freedom in friendly settlements as a boost for social transformation in Human Rights conflicts, from the observation of Brazilian legal framework and from the consensual solutions executed under the Inter-American Commission of Human Rights.

Author Biography

Flavia Piovesan, Pontifical Catholic University of São Paulo

Graduated in Law from the Pontifical Catholic University of São Paulo (1990), Master in Law from the Pontifical Catholic University of São Paulo (1994) and Ph.D. in Law from the Pontifical Catholic University of São Paulo (1996). She is a PhD professor at the Pontifical Catholic University of São Paulo in the Undergraduate and Postgraduate programs in Law; visiting fellow of the Human Rights Program at Harvard Law School (1995 and 2000); visiting fellow at the Center for Brazilian Studies at the University of Oxford (2005); visiting fellow from the Max-Planck-Institute for Comparative Public Law and International Law (Heidelberg, 2007-2008; 2015-2018) and Humboldt Foundation Georg Forster Research Fellow at the Max-Planck-Institute for Comparative Public Law and International Law (2009-2014 ). He was a member of the Council for the Defense of the Rights of the Human Person; the UN High Level Task Force on the implementation of the right to development; and the OAS Working Group for monitoring the San Salvador Protocol on economic, social and cultural rights. Elected to the OAS Inter-American Commission on Human Rights (2018-2021). He has experience in the area of ​​Law, with an emphasis on Human Rights, Constitutional Law and International Law, acting mainly on the following themes: human rights, Constitutional Law, International Law, international protection and constitutional protection. Lemman Visiting Scholar at the David Rockefeller Center for Latin American Studies at Harvard University.

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Published

2022-07-04

How to Cite

Serva, C. P. P., & Piovesan, F. (2022). Freedom and Consensual Solutions: A Path for Strategic Litigation. Revista Direitos Humanos E Democracia, 10(19), e12143. https://doi.org/10.21527/2317-5389.2022.19.12143

Issue

Vol. 10 No. 19 (2022): REVISTA DIREITOS HUMANOS E DEMOCRACIA

Section

ARTIGOS

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