The dialogue between Inter-American human rights jurisprudence and Brazilian law

an analysis based on the application of the concept of "damage to one's life project"

Abstract

This study aims to analyze the dialogue between Inter-American human rights jurisprudence—specifically the rulings of the Inter-American Court of Human Rights—and domestic law, through bibliographic research drawing on legal doctrine, national and international case law, and both Brazilian and Inter-American legislation. To this end, the study examines the concept of "damage to one's life project" (*dano ao projeto de vida*) as applied by the Inter-American Court, alongside its counterpart in Brazilian law: "existential damage" (*dano existencial*). Accordingly, the study first defines "damage to one's life project" and outlines the Inter-American Court's approach to the concept, subsequently arguing for the use of Inter-American jurisprudence as a source of domestic law. It then addresses the concept of "existential damage," focusing particularly on its application within labor law, to determine whether Brazilian labor courts are duly observing Inter-American jurisprudence.