A DOUTRINA DA RES INTERPRETATA NO SISTEMA INTERAMERICANO DE DIREITOS HUMANOS: DIFERENCIAIS, POTENCIALIDADES E DESAFIOS

Abstract

This article analyzes the res interpretata effect of the decisions of the Inter-American Court of Human Rights. Therefore, it addresses the emergence of the res interpretata doctrine in the European system of human rights, including the implications related to the understanding of the European Convention as a living instrument and the margin of appreciation theory. Then, it approaches the migration of this doctrine to the Inter-American jurisprudence, with special emphasis on the conventionality control and the considerations made by Judge Mac-Gregor in the Gelman v. Uruguay case. In addition, it discusses the differentials, potentialities and challenges on recognizing the San José Court as a treaty body that disseminates standards of interpretation and application of human rights beyond cases that are submitted to it, analyzing, for example, the repercussions of the Regional Court’s position on Latin American amnesty laws. The research uses the deductive approach, through bibliographic and jurisprudential review. In the end, it concludes that the peculiarities of the Inter-American system allow for a better development of the res interpretatadoctrine, underlining the need to improve the dialogue between the Inter-American Court and the internal authorities of the states.