THE HERZOG CASE AT THE INTER-AMERICAN COURT OF HUMAN RIGHTS (IACHR): TRANSCONSTITUTIONAL PRESSURES FOR A REREADING OF ADPF NO. 153/DF AND ITS PROBLEMATIC OFFICIAL NARRATIVE ABOUT THE BRAZILIAN MILITARY DICTATORSHIP (1964-1985)

Abstract

This paper aims to analyze what would have been the transconstitutional pressures exerted by the Inter-American Court of Human Rights (IACHR) on the Brazilian national legal order for a rereading of ADPF n. 153/DF and its problematic official narrative about the Brazilian military dictatorship. To this end, this text is divided into six distinct sections. After a brief introduction, we will present, albeit in a panoramic manner, (i) the understanding of the Federal Supreme Court (STF) in the judgment of ADPF No. 153/DF and the understanding of the IACHR in cases (ii) Gomes Lund and (iii) Herzog. Soon after, the theoretical influences essential to the understanding of the transconstitutional pressures exerted by the Court will be presented. Finally, by way of a conclusion, the inputs of the previous operations will be articulated in order to measure the possible future of the understanding upheld in the judgment of ADPF No. 153/DF.