Judicializacao da politica externa e direitos humanos
In: Revista brasileira de politica internacional, Band 47, Heft 1, S. 140-161
ISSN: 0034-7329
The purpose of the article is to provide a theoretical basis for the application of judicial proceedings (judicializacao) in the foreign policy. The starting point is the classical conceptions of Locke & Montesquieu which conferred a great deal of discretion to the Executive for managing foreign relations, what was gradually counterbalanced by the Legislative & the Judiciary. Approaching the Brazilian literature on the expansion of judicial power to the politics & subsequent misrepresentations, the author tries to apply the concept to the foreign policy & analyses five cases of the Inter-American Court of Human Rights. References. Adapted from the source document.