The use of the European Court of Human Rights and the Inter-American Court of Human Rights precedents by the Brazilian Federal Supreme Court: a preliminary data research

This preliminary data research aims to provide a study of the existence, the role and the impact of the cross judicial fertilization between the Brazilian Federal Supreme Court and the Inter-American Court of Human Rights and of the European Court of Human Rights. The objective is to understand the judicial interaction among the Courts and the hole played by the use of the precedents. The comparative law has an impact on the conviction of the members of the Court. It is necessary to create an interpretative common culture among the Latin-American countries in order to provide a real integration based on an effective judicial dialogue. The Latin-American ius commune depends on dynamic jurisdictional dialogue to look to each other’s jurisprudence. In conclusion, it was shown that the Brazilian Federal Supreme Court has been opened to the reception of foreign precedents to protect the fundamental rights and strengthen democracy. These constitutional provisions right effectively meet the role of exchanging solutions in order to create a network of persuasive authority.