O direito humano de acesso à justiça no sistema interamericano de direitos humanos

Abstract

Within the context of the development of International Law of Human Rights, whose starting point is the Universal Declaration of Human Rights of 1948, the regional systems of protection of human rights have emerged as important in the international instruments in the promotion and protection of these rights. The aim of this study is to analyze access to justice in the Inter-American system of Human Rights to represent the basic human right to be provided to rape victims. The first part of this work focuses on the historical aspects that gave rise to the formation of regional systems of protection of human rights, driven by auniversal legal conscience aroused mainly by the atrocities in the post-World War II. The second chapter discusses the outlook ofthe access to justice, the formal and the substantial, based primarily on the theory developed by Mauro Cappelletti and Bryant Garth in the Florence Project. In turn, the third part of this work, the access to justice is seen in the light of the Inter-American system of Human Rights, noting that there are still basic barriers to this access in such a system, a veryoutdated by the national laws of many States, representing obstacles to the protection of human rights of the victim or his family. Thus, this work demonstrates the weaknesses thatthe Inter-American system of Human Rights has to ensurethe access to justice, primaryhuman right without all other lack of efficacy.