Cooperative Judicial Dialogue in Latin-America: Integration and Transformation towards human rights defense

The Inter-American Human Rights System contributes with the formation of an Ius Constitutionale Commune (ICC), in which national and supranational Courts exchange judicial reasoning in vertical-horizontal dialogues. Progress has been made, but some national systems have shown resistance to comprehend human rights adjudication as a common endeavor. This essay intents to propose a cooperative judicial dialogue in order to consolidate the ICC, so every jurisdiction plays a significant role, opening channels to transform a history of massive human rights violations into a fairer social reality. Such cooperative interaction is fundamental, for the conformation of a multilevel legal system relies on a two-way argumentative interchange in human rights adjudication. Therefore, the Inter-American Court strengthen its authority by being attentive to local particularities, and Constitutional Courts gain regional support to embrace a transformative agenda towards human rights defense.