Interamerican Court of Human Rights and the Demonetization of Civil Liability

Abstract

The core of the Brazilian ordainment lies in the human person. This reflects in the historic-evolutionary path of the fundamental rights, the main force of the constitutionalization of private law phenomenon. In the current scenario it is imposed a functional reconfiguration of the civic responsibility, in the same way that happens with other private institutions – such as contracts, family and property. This paper shows that, in the current overview of the interaction between the private law and the constitutional law, the traditional method of exclusively monetary reparations must be rethought in favor of alternative mechanisms that are able to provide an appropriate indemnity to wrongful damage. The approach methodology is analytical, empirical and comparative. Part of the study of the theory of the fundamental rights and its projection on private law, namely the civic responsibility. It progresses to the analysis of the hodiernal scenario of the matter in Brazilian law and develops the criticism to the monetary paradigm of damage reparation from precedents of the Inter-American Court of Human Rights. The decisions of the court, important to the promotion of civil liberties in the Latin American continent, use to innovate in the imposition of measures that transcend the simple compensation in money. At the end, it is clarified the jurisprudential relevance of the IACHR for building the civic responsibility turned to materialize the dignity of the human person as a supreme legal value in Brazil and Latin America.