A marginalização de direitos socioeconômicos na justiça de transição: um estudo de caso a partir da atuação do International Center for Transitional Justice na Tunísia

Abstract

The theme of this work are the mechanisms and practices of transitional justice promoted by international organizations’ practitioners to promote transitional justice, within which we explore the problem of the marginalization of socioeconomic rights. The work is justified be the gap in the literature about the functioning of the mechanisms by which the performance of international NGOs would give rise to the marginalization of socioeconomic rights. To explore this relationship, the work adopts a process tracing methodology, in the theory test modality, being the test built from a critical theory of transitional justice, based on the criticism of the legalism of the field, which lends it an elitist character and allows for the marginalization of social and economic rights. In that sense, we analyzed the performance of the International Center for Transitional Justice (ICTJ) in Tunisia, from the beginning of the democratic transition still in 2011 until after the delivery of the report of the Truth and Dignity Commission, in 2019, seeking to ascertain evidence of the mechanisms for “framing”, promoted by the ICTJ’s of conceptions of transitional justice and the limiting of effective popular participation in the process of shaping TJ policies. We found that the evidence only partially confirms the mechanisms proposed in scholarship. On the other hand, we found evidence of the perpetuation of the separation and subordination of socioeconomic rights to civil and political rights, a situation contrary to the normative conception adopted of indivisibility of human rights.