Nas encruzilhadas: limites e possibilidades do uso do litígio estratégico para o avanço dos direitos humanos e para a transformação social

Abstract

By aiming to promote social change through litigation before domestic, regional and international institutions, strategic litigation in human rights operates in the borders: law and politics, social movements and institutions, national and international, conservation and transformation. This article explores these crossroads by critically addressing dilemmas about human rights strategic litigation, its characteristics, participants and the context in which it is embedded. Reflecting on whether and to what extent strategic human rights litigation can contribute to changing existing social hierarchies and inequalities, the article argues that the issue should be addressed in a complex, critical and contextualized way. The limits of strategic human rights litigation should be observed and discussed in order to avoid strengthening power relations and producing unexpected and conservative side effects.