Judicial challenges in pandemic times: strengthening the dialogue between the Inter-American Commission on Human Rights and the Brazilian Supreme Court for human rights protection

Abstract

The research will be guided by the typology of the three structural challenges built in this paper. It was built based on the pandemic context in Brazil. First, the research describes the response of the IACHR. Second, the research describes the response of the Brazilian Supreme Court through analysis of recent landmark decisions. The methodology used in the research was the analysis of content and documental data collected from samples. The results achieved with the investigation to demonstrate the correctness of the hypothesis and make explicit that the Supreme Court had the institutional capacity to exercise constitutional jurisdiction in order to overcome, or mitigate, structural challenges aggravated by the pandemic context and protect fundamental rights in Brazil, through the use of instruments of inter-institutional cooperation and the shared and dialogic enterprise of the exercise of constitutional jurisdiction in a multilevel perspective of human rights protection.

Keywords:
structural challenges; multilevel system; human rights; transformative constitutionalism; dialogue