Litigância estratégica e representatividade no direito internacional: uma análise da atuação de organizações da sociedade civil no sistema interamericano de direitos humanos

Abstract

This research aims to analyze strategic litigation as a vector for an increase in participation in the Inter-American Human Rights System, seeking to understand the role of different actors in international law throughout history, investigating the work of civil society organizations through strategic litigation and question the use of this tool as a promoter of a more participatory and representative international dynamic. To achieve the aforementioned objectives, the methodology used was based on bibliographic and documentary analysis, in order to expose the theoretical perspective on the topic, having an exploratory-explanatory character. Data was also collected from semi-structured interviews with professionals experienced in strategic litigation at the international level. It was observed that the Inter-American Human Rights System provides interesting participation mechanisms for civil society organizations to litigate, having an institutional space focused on dealing with structural issues, and not just repairing the specific case. It was concluded that civil society organizations play an essential role in this process, acting based on their expertise to facilitate victims' access to international bodies and working through advocacy and coordination for due compliance with the imposed measures.