Entre a ordem e a justiça: o acesso direto do indivíduo à jurisdição internacional nos Sistemas Regionais de Direitos Humanos

Abstract

This dissertation analyzes the restrictions on individuals’ direct access to international jurisdiction within regional human rights protection systems, adopting a comparative perspective of the European, Inter-American, and African systems. Through a critical examination of case law and the institutional architecture of these systems, the study seeks to determine the extent to which such restrictions reflect a structural choice in international law favoring the preservation of the inter-state order at the expense of the realization of substantive justice. The research adopts a hypothetical-deductive method, based on a qualitative and interdisciplinary approach, combining doctrinal, jurisprudential, and theoretical analyses, particularly drawing on the contributions of the English School of International Relations and Antônio Augusto Cançado Trindade’s theory of ius necessarium. It is concluded that, although regional systems formally recognize the international legal personality of the individual, direct access to jurisdiction remains conditioned by mechanisms of state consent that limit its effectiveness. The study demonstrates that the expansion of direct access constitutes an indispensable element for the effectiveness of international human rights protection, thus requiring a reorientation of international law toward a conception of justice centered on the human person.