O NOVO CONSTITUCIONALISMO LATINO-AMERICANO NA JURISPRUDÊNCIA DA CORTE INTERAMERICANA DE DIREITOS HUMANOS:: estudo da decisão de 6 de fevereiro de 2020 no Caso Comunidades Indígenas membros da Associação Lhaka honhat (Nossa Terra) vs. Argentina à luz da Opinião Consultiva 23/17
Year: 2023
Type: article
Abstract: Between rift and continuity with European vision, the New Latin American constitutionalism emerges as a protest in the face of profoundly iniquitous and unequal realities, marked by the distance and disconnection of political leaders from the people, as well as by the perpetuation of the marginalization of historically despised minorities. This clamor, which is social before being legal, affects several juridical systems, having its highest expression in the Constitution of Ecuador (2008) and Bolivia (2009). What's more, it is possible to glimpse the emergence of the values and ideas of that new constitutionalism in the jurisprudence of the Inter-American Court of Human Rights, under the impulse of judges such as judge Eugenio Raul Zaffaroni, who left his post at the Regional Court a few months ago. Thus, through bibliographic-documentary method, this article seeks to highlight the growing influence of the new Latin American constitutionalism on the jurisprudence of the aforementioned court, especially as to the protection of indigenous peoples’ cosmovision and the subsequent safeguarding of non-human entities.
Author: Breillat, Thomas
Institution: Universidade Federal da Bahia
Language: Portuguese
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7215612360