Resumen de In the times of judicial dialogue, which court is more engaged: the Brazilian Supreme Court or the Inter-American Court?
Rafaela Teixeira Sena Daibes Resque
This article analyzes the case law of indigenous communal property by the Brazilian Supreme Federal Court and the Inter-American Court of Human Rights. Specifically, I focus on the light of adoption of the Judicial Dialogue Theory through a theoretical and empirical approach. After a brief overview of human rights rules in Latin America, this work draws upon an original dataset of cases to discuss actions taken by the two courts. I call attention to the importance of crescent exchange among constitutional and international law in the scope of Human Rights, and the necessity of judicial dialogue between courts. However, the judicial dialogue in case law for the national court is hard but not impossible. In conclusion, I argue that the Brazilian Supreme Court is resistant to judicial dialogue with the Inter-American Court through silence which is the posture regarding not a lack of knowledge but of interest to consider the use of foreign or transnational sources.
