O princípio jurídico da igualdade na jurisprudência da Corte Interamericana de Direitos Humanos: delineamentos de um direito comum latino-americano em construção

Abstract

This work aims to study the position of Inter-American Court of Human Rights about the principle of equality and non-discrimination, verifying if any changes of interpretation had happened during the last decades and discuss in what way the Court´s jurisprudence influence the nationals Latin-American jurisdictions and governments, advancing the process of internationalization of Law and the building of a Latin-American reciprocal Law on human rights. The research finds three justifications: the reality of distinguished structural of the States in the zone; the function of Law in protecting the democratic achievements and precluding civilizational throwbacks; and the relevance of international Law in this process. The research applied the dialectic's approach method, once the investigation has as object the processes of juridical integration happening in the zone marked by the conflictual relation between the existent normative multiplicities. The results shows that the Court's jurisprudence always expressed a material conception of equality, understood as equal possibility of fruiting the fundamental rights. However, in the cases related to social rights of migrant‟s workers with no documents, there was no extensive interpretation in order of an ideal of social justice distributive, governed by a social-economic criterion. Thus, the research concludes that there is an unfinished affirmation process of a Latin-American reciprocal Law, based in a substantial conception of equality, from what emerges to the States the duty to figure out the inequalities in the internal structures.