Resumo

LONDONO LAZARO, María Carmelina  e  HURTADO, Mónica. The Guarantees of Non-Repetition in the Inter-American Judicial Practice and its Potential Impact on the Creation of National Law. Bol. Mex. Der. Comp. [online]. 2017, vol.50, n.149, pp.725-775. ISSN 2448-4873.

This article analyzes the content and scope of the measures ordered by the Inter-American Court of Human Rights (ICHR) as Guarantees of Non-Repetition (GNR) during 1998-2015, and its potential impact on local law. For this purpose, it was built a data base which classifies the GNR according to two criteria: their content and the margin of appreciation that implicitly was recognized by the Court to the condemned State. Among others, we found that all GNR have a potential to generate transformations at the national level related to regional critical issues on human rights; so, in this sense, the GNR appear as a new source of domestic law. However, the effectiveness of this new legal source can be conditioned by the degree of margin of appreciation that the Inter-American Court grants to the States in order to implement those resolutions. This is because the margin of appreciation derives from the principle of subsidiarity, so, this criterion reflects somehow the level of coordination and balance between national and international levels. This study established that about 75% of the GNR ordered by the Regional Tribunal implied a low medium margin of appreciation for the States to implement those resolutions, and in some of these cases, the low level of margin of appreciation was associated with questions about democratic legitimacy of the international decisions.

Palavras-chave : guarantees of non-repetition; human rights; Inter-American Court of Human Rights.