EL DIÁLOGO EURO-AMERICANO MEDIANTE LOS DIÁLOGOS JUDICIALES

¿OTRA FORMA DE COOPERACIÓN REGIONAL PARA LA ARMONIZACIÓN DE LA JURISPRUDENCIA SOBRE LOS DERECHOS HUMANOS O ALGO MÁS?

Abstract

Based on the various possibilities of international cooperation, international judicial cooperation has acquired a leading role in the last decade. This has favored a specific form of relationship between courts such as judicial dialogues. Particular attention will be paid to the context that has facilitated the impetus for this judicial dialogue, such as, on the one hand, the renewed understanding of law, typical of postmodernity and, on the other, the incidence of globalization processes. This will allow reaching the concept of judicial dialogue, differentiating a broad and a strict sense of it. Theories that, under different perspectives, allow a philosophical understanding of judicial dialogues will be analyzed and their philosophical foundations will be deepened. Finally, special attention will be paid to the regional judicial dialogue that has been taking place between the European Court of Human Rights (ECHR) and the Inter-American Court of Human Rights (IACHR), for which the Judgment of the Inter-American Court of Human Rights of the Treasury will be analyzed. Green Brazil Vs. Brazil, of October 20, 2016. It will conclude with final evaluations in which it will be clarified whether regional judicial dialogues are more than just another form of international judicial cooperation for a harmonization of jurisprudence, involving a philosophical project, broader political and legal.