COMPENSATORY CONSTITUCIONALISM AS INTER-AMERICAN COURT OF HUMAN RIGHTS RELEASE MOVEMENT

PROMOTION OF INTERNATIONAL LAW DESCOLONIZATION

Abstract

The decolonization of International Law can be aided by the compensatory constitutionalism carried out by the Inter-American Court of Human Rights. From the understanding of compensatory constitutionalism as an instrument handled by this regional court, we seek to define how the interpretation of certain agreed provisions can influence the re-reading of traditional concepts of International Law by producing changes in the national system of States. Through the study of inter-American jurisprudence and reflections on the domestic law of the States, the aim is to verify an ascending or descending perspective in the construction and re-reading of traditional concepts that end up composing the inter-American constitutional block and thus generating a decolonizing effect for the international system as one all. From the analysis of cases related to the amnesty law and denouncements of human rights violations related to situations of forced disappearance, one can see this movement of decolonization of traditional concepts of international law towards a more harmonious international context and consistent with the effort in the search for the promotion and protection of human rights.