A garantia de direitos afrodescendentes na perspectiva interamericana e a sistemática interna brasileira

Abstract

International law plays a crucial role in the development of societies and the creation of frameworks aimed at protecting human rights. Considering this fact, the present study seeks to analyze the use of international mechanisms designed to enforce the principle of equality in combating racial discrimination. In this regard, traversing the historical-social context in which racial issues are embedded, the work establishes connections between policies targeting Afro-descendant individuals and the actions of the Inter-American Human Rights System, aiming to highlight the consequences and potential positive impacts of the Organization of American States, the Inter-American Court of Human Rights, and the Inter-American Commission on Human Rights in addressing racism in Brazil. With this focus, the research centers on the potential contributions of international law to ensuring equality and non-discrimination, while acknowledging its origin and structure rooted in a unidimensional approach. In this context, the specific objectives converge on existing instruments within the Inter-American Human Rights System, considering possibilities such as international documents, reports, visits, case adjudication, among other efforts by the Regional System to guarantee human rights for Afro-descendants. From a methodological standpoint, the study adopts a case study approach and an interdisciplinary theoretical perspective, fostering dialogue between concepts and authors from various fields of knowledge. These approaches aim to provide a thoroughly detailed analysis that aligns with the relevance of the topic in the current context. Finally, it is concluded that international human rights law, as exemplified in this study by the actions of the Inter-American Human Rights Protection System, offers various mechanisms that can be utilized to protect Afro-descendants. However, to enhance the realization of human rights, it is necessary to consider interpretations of international law that align with existing pluralities, as well as the essential role of governmental action in conjunction with international human rights guarantees to address structural racism in Brazil effectively.