Resumo

MARQUEZ-REGALADO, Socorro; RAMIREZ-TARANGO, Rodrigo  e  MEDRAN CARRASCO, Román René. Aproach to a Material Concept of Democracy, Based on its Fundamental Elements Highlighted by the Inter-American Court of Human Rights. CONfines relacion. internaci. ciencia política [online]. 2021, vol.17, n.33, pp.11-34.  Epub 29-Jan-2024. ISSN 1870-3569.  https://doi.org/10.46530/cf.vi33/cnfns.n33.p11-34.

Based on judgments made by the Inter-American Court of Human Rights and through the use of the legal method, the following fundamental aspects are highlighted to determine the material concept of democracy: the effective independence of powers; respect for democratic institutions; human rights; the legitimacy of the means that legitimize the purpose; the principle of legality; the rule of law; and, the freedoms of thought, expression and association. In this context, the Court refers to the limits and conditions for the exercise of freedom of expression, which are under the obligation to rectify and offer spaces for response, also proposing the obligation of governments to guarantee the right of access to information.

Palavras-chave : democracy; American system; jurisprudence; human rights; rule of law.