A POSSIBILIDADE DE DERROGAÇÃO DE DIREITOS HUMANOS NO SISTEMA INTERAMERICANO

Abstract

The present article analyses the possibility of temporary suspension of human rights in emergency situations admitted by the American Convention on Human Rights. In particular, the three situations in which the Convention allows for the derogation of some of the fundamental guarantees provided therein are examined: the cases of “war”, “public danger”, and “other emergency that threatens the independence or security of a State Party”. The analysis is carried out through an examination of the text of the Convention and its preparatory work, a comparison with other human rights instruments, and the understanding of the Inter-American Commission and Court of Human Rights on the subject. The article observes that the bodies of the Inter-American Human Rights System consider compliance with the democratic system as an additional requirement for determining the legality of the suspension of guarantees of the Convention, and concludes that this requirement seeks to prevent abuses in the use of the instrument by countries in Latin America.