A aplicação do direito interamericano dos direitos humanos na jurisprudência do Tribunal Regional Federal da 5ª Região: uma análise quanti-qualitativa de suas decisões e acórdãos

Abstract

Recently, the Regional Federal Court of the 5th Region (TRF5) joined the National Pact of the Judiciary for Human Rights, becoming the first court in the country to establish a Monitoring and Oversight Unit for Decisions, Deliberations, and Recommendations of the Inter-American System for Human Rights Protection (UMF/JF5). However, despite these significant advancements, there are still challenges to overcome, such as the deficit in the application of the Inter-American conventions and the jurisprudence of the Inter-American Court of Human Rights (Corte IDH). In light of this, the following research question arises: What is the legal impact of Inter-American Human Rights Law (IHR) on the jurisprudence of the Regional Federal Court of the 5th Region? Therefore, the objective of this monograph is to demonstrate how Inter-American Human Rights Law has legally influenced the decisions of the Regional Federal Court of the 5th Region. Specifically, it is necessary to discuss the general aspects of the Inter-American Human Rights System (SIPDH), analyze its relationship with the Brazilian legal order, and assess the legal impact of IHR on the Regional Federal Court of the 5th Region through a quantitative and qualitative analysis of its decisions and judgments. Regarding the methodology, this research is characterized by a qualitative empirical approach and, considering its objectives, is descriptive and exploratory. Additionally, this monograph employed procedural techniques such as bibliographic, documentary, and jurisprudential research. Specifically, the study analyzed data extracted from the ‘Julia | Busca Fácil’ tool available on the TRF5 website, using 42 keywords and 3 criteria: (i) institutional – to define TRF5 as the decision-making institution; (ii) thematic – selecting only judgments related to IHR keywords; and (iii) temporal – setting January 11, 2022, as the initial publication date for judgments, coinciding with Recommendation No. 123/2022 from the National Council of Justice (CNJ). This research is of great relevance, as it analyzes the observance of Inter-American Human Rights Law by the Brazilian Judiciary, with emphasis on the judicial decisions of the TRF5, a court with jurisdiction in a large part of the states in the Brazilian Northeast; as well as contributing to achieving UN Sustainable Development Goal (ODS) No. 16, promoting the construction of effective, responsible and inclusive institutions. At the end of the study, it was observed that the impact of Inter-American Human Rights Law is still below expectations, necessitating further measures by the Court to promote the application of Inter-American norms, IACtHR jurisprudence, and the work of the Commission, as well as compliance with conventionality control by the Federal Judges.