Methodology to Judicialize Human Rights Violations in the Brazilian Legal System

Rodolfo Jacarandá

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Abstract

There is no human rights system in Brazil’s domestic legal system. In addition, the lack of a correct methodology to judicialize claims in the area makes it difficult for courts and tribunals to recognize these norms, which delays the search for reparations for the human rights violations that multiply across the country – individual, collective, and systemic violations. In the article below, I propose the bases for a methodology that allows us to correctly identify violations of rights to use the already broad set of regulations in force to, as a priority, assist victims of violations and repair the failures of the State that give rise to, directly or indirectly, to these attacks.

Keywords: Human rights. Methodology. Judicialization.