Resumo

BECERRA RAMIREZ, José De Jesús. Principle of Progressive realization. Derecho glob. Estud. sobre derecho justicia [online]. 2023, vol.9, n.25, pp.179-209.  Epub 22-Jan-2024. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v9i25.595.

This article attempts to make an academic comparative law analysis of the progressive realization principle in human rights, exploring beyond its theoretical concept the various jurisprudential interpretations issued by supranational organizations such as the Inter-American Court of Human Rights (CoIDH), as well as the Supreme Courts of Mexico (SCJN) and Colombia (CCC). Albeit it is true that this principle has been guaranteed and promoted mainly in Economic, Social and Cultural Rights through public policies, and more recently through judicial resolutions, it is also true that there are considerable setbacks, justified by extraordinary social circumstances. Nevertheless, political actions by member states of the Inter-American System continue constituting asymmetries between discourse and praxis in the application of Human Rights in the Latin American region. This article consists of an academic analysis of Comparative Law on the Progressive Realization Principle, linked to the Principle of Non-Regressiveness in the field of Human Rights. Thus, it is divided into two sections: first, a theoretical approach to the Progressive Realization Principle is made, which explains its concept and origin within the Inter-American Human Rights System. Second, a comparative analysis of the sentences of three Courts is carried out, on the one hand, by a supranational judicial body, the Inter-American Court of Human Rights (CoIDH), on the other hand two judicial bodies at the national level, the Supreme Courts of Mexico (SCJN) and Colombia (CCC). Therefore, this article aims to analyze how the Inter- American Human Rights System and the constitutional jurisprudence of two Latin American countries have responded to legislative changes contrary to the Progressive Realization Principle in fundamental rights. Furthermore, it constitutes a current challenge for the judicial systems that are part of the Inter-American System, since, although many of the achievements made in the consolidation of systems for the protection of human rights in Latin America are significant, there are still regressions to the principle of progressiveness contrary to the inter-American standard.

Palavras-chave : Human Rights; Progressive Realization; Inter-American Court of Human Rights; Supreme Court of Justice of Mexico; Colombian Constitutional Court.