The role of the IACHR Court in times of growing authoritarianism: consolidation of the Inter-American human rights system through a conversational judicial model of human rights protection.

The crisis unleashed by the COVID pandemic has made it clear that hyper-presidentialism is a structural problem in the region that has not yet been overcome and may result in the undermining of democratic regimes, for whose promotion and construction the Inter-American System was a key player. Faced with this circumstance, the legitimacy of the IACHR will be essential to position itself as an actor tending to prevent the weakening of democracy and human rights in the region.

The role assumed by the IACHR up to this point has generated relations of tension and conflicts of authority with national systems. In this context, it becomes interesting to explore the alternative of procedural rationality control – used by the ECtHR – as a tool to adopt a conversational model between the systems, modifying the notion of procedural subsidiarity for a normative one that allows, in turn, to harmonize the role of the Court with the principle of collective self-government.