Judicial dialogues in the Inter-American Human Rights System. Propositions towards pluralism - Sección 2. Sistema Interamericano de Protección y Promoción de los Derechos Humanos - Derechos Humanos y empresas y Sistema Interamericano de Derechos Humanos. Reflexiones y diálogos - Libros y Revistas - VLEX 829680281

Judicial dialogues in the Inter-American Human Rights System. Propositions towards pluralism

AutorAna Carolina Lopes Olsen/Katya Kozicki
Cargo del AutorPhd Candidate at Law in Pontifícia Universidade Católica do Paraná - Brazil/Master at Philosophy and Theory of Law in Universidade Federal de Santa Catarina - Brazil
Páginas201-231
201
Judicial dialogues in the Inter-American
Human Rights System
Propositions towards pluralism
Ana Carolina Lopes Olsen*
Katya Kozicki**
Introduction
Legal pluralism has become an unavoidable reality to most judges along
the world, and it is not dierent in the Latin-American continent. ere
are dierent levels of legal systems that coexist and interact sometimes
to solve identical problems, what justified the necessity of ordering
pluralism. Here, this pluralism has moved judges to a complex form of
adjudication, the judicial dialogue, that prots from foreign jurisprudence
making it possible to construe legal concepts, notably in Human Rights
Law. Such dialogue has a double importance: on the one hand, it creates
the ideal arena for the exchange of reasoning and legal arguments, so it
becomes possible to create common standards that bring reassurance to
law’s adjudication; on the other hand, due to this very exchange of ideas,
* Phd Candidate at Law in Pontifícia Universidade Católica do Paraná - Brazil. Master at
Public Law in Universidade Federal do Paraná – Brazil. anac.olsen@gmail.com
** Master at Philosophy and eory of Law in Universidade Federal de Santa Catarina - Bra-
zil; Phd at Law at Universidade Federal de Santa Catarina – Brazil. Researcher with Productivity
Scholarship of the National Council of Research (q) in Brazil.
Derechos Humanos y empresas y Sistema Interamericano de Derechos Humanos
202
it respects and foments pluralism, allowing the common standards to be
open to diversity and divergence.
e current presentation focuses on the Latin-American Human
Rights Law. e objective is to verify how this dialogue has indeed paid
tribute to pluralism, through the analysis of the dialogue that constitutional
judges keep with their peers, and, more closely, of the one kept with the
Inter-American Court of Human Rights.
e Latin-American supranational jurisprudence has consolidated the
conventionality control, considering the Inter-American Court concern
about the consolidation of a Ius Constitutionale Commune. However, someti-
mes dialogue is not about convergent patterns, but also about conicts in a
plural world, which cannot always be solved by a centralized supranational
sentence. Instead, they demand deference to domestic cultural conceptions
that emerge from specic political and social debates.1
To answer to this problem, this presentation is divided in three parts.
In the rst one, it will explain legal pluralism and the alternative methods
through which integration of diverse legal systems may be promoted,
according to the categories developed by Mireille Delmas-Marty. e se-
cond part will demonstrate how judicial dialogue is a product and also an
instrument of integration in the Inter-American Human Rights system,
analyzing horizontal, vertical and vertical-horizontal judicial dialogues, a
classication idealized by Marie-Ann Slaugther. e third and last part
approaches the specic judicial dialogue maintained between the Inter-
American Court of Human Rights and constitutional judges, promoting
conventionality control of domestic law, and, more rarely, being deferent
to domestic particularities.
1 It is important to reassure that this paper does not forget or avoid other partners in human
rights denition or analyses. It is a fact that judges play only a part on it. It would be best if it was
a minor part and they were not demanded to reassure human rights protection because public
authorities would be eective on that job. Unfortunately, this is not the common case in Latin-
America, and the role of judges is still an important one. However, they must be aware that deciding
over human rights is something that any member of the people is entitled to. And so, they must
be humble to play a dialogical part and to consider every argument, every possible element, when
deciding over human rights denition.

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