Diversidade cultural e justiça global: estudo acerca do direito internacional do reconhecimento na Corte Interamericana de Direitos Humanos

Abstract

International law, in addition to promoting the socioeconomic development of the states of the global North, served as a propelling and legitimizing instrument for various injustices, especially those related to the oppression of cultural diversity and identities, which have a strong relationship with colonization. In this scenario, several critical readings and institutions of contemporary international law have proposed strategies to try to alleviate these historical injustices, which were and are strongly committed against the indigenous peoples of Latin America, and these institutions and readings have recently been grouped as a regime of the international recognition law (DIR). Emmanuelle Jouannet's seminal critical reading, which systematizes the DIR, proposes to understand it from its three approaches: the legal protection of difference, the positivization of specific rights for specific populations and the repair of historical damages. Thus, this research investigates the role of the Inter-American Court of Human Rights (IACHR) in applying the international law of recognition in sentences referring to the oppression of cultural diversity and the identities of indigenous peoples in Latin America. The delimitation of the research field considered the temporal criterion, to select the sentencing sentences handed down from 2005 to April 2020, since in 2005 the UNESCO Convention for the Protection of Cultural Diversity was published, an international document that organized the international legal regime protecting cultural and identity diversity. This work answers the following research problem: how does the international law of recognition, based on the approaches proposed by Emmanuelle Jouannet, appear in the foundation of the IACHR's judgments on the rights of indigenous peoples? To this end, the work empirically investigates the sentences of the IACHR that analyze indigenous issues, using the dialectic approach as the research method and, as a technique, the bibliographic and documentary review, in addition to the quantitative and qualitative analyzes of the selected sentencing sentences. As a result, 18 (eighteen) sentences were selected in which states were sentenced to reparation measures related to both the recognition of the cultural and identity diversity of indigenous peoples but also to the preservation of memory for present and future generations, giving concreteness, in reality Latin America, the DIR's action fronts as proposed by Jouannet. This work highlights and discusses the findings about the contributions of the IACHR's work to strengthen the DIR. It can be seen that the jurisprudence of the IACHR plays a crucial role in preserving the cultural diversity and identities of indigenous populations, and this work highlights and discusses the discoveries about its contributions to strengthen the DIR.