Caso Tavares Pereira: a atuação da corte interamericana de direitos humanos e seus reflexos no direito brasileiro

Abstract

This paper analyzes the judgment of the Inter-American Court of Human Rights (IACHR) in the case of Tavares Pereira and others vs. Brazil, examining its impact and effectiveness in the Brazilian legal system and the structural and institutional challenges to the implementation of international judgments. It seeks to understand the role of the Inter-American System as a mechanism to control state action. Methodologically, it is an exploratory research, with a deductive approach and monographic procedure, with data collection and analysis characterized as a case study, based on doctrine, scientific articles and the international sentence itself. The paper examines the structure of the Inter-American System, the reception of treaties in Brazil and the failures that favor impunity, such as the use of military justice and the violation of the reasonable time, in addition to the limits to the effectiveness of the decisions of the Inter-American Court resulting from political and jurisdictional obstacles. It concludes that the full effectiveness of the sentence is mitigated by persistent institutional obstacles—the misuse of the military justice system to prosecute crimes against civilians and excessive judicial delay—which have resulted in decades of impunity.