THE PRINCIPLE OF ACCESS TO JUSTICE IN THE JUDGMENTS OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS: A STUDY OF THE CASES OF BRAZIL

Abstract

The objective of this article is to analyze the content of the principle of access to justice in the judgments of the Inter-American Court of Human Rights, in cases involving Brazil. From this survey, it will be possible to identify the problems that must be faced by the Brazilian State for the correction of violations and the implementation of the principle analyzed. Subsequently, the content of the sentences will be presented, demonstrating the relationship between the grounds of the sentence and the concrete cases, evidencing which guarantees were inserted in the content of the principle of access to justice, in the conception of the court. It was then found that the principle of access to justice encompassed, in the cases analyzed, the guarantees of the reasonable duration of the process, the right to know the truth, the duty to investigate and compensate the victims and their families, and the democratization of access to justice. In the end, it was concluded that the violations identified reflect deep structural problems, which must be faced by the Brazilian state. For this, the research adopted the hypothetical-deductive method, using a quantitative and qualitative approach, through a bibliographic and documentary research.