3 Chi J Intl L 481
James L. Cavallaro
The fundamental challenge Brazil’s human rights lawyers
face today is the inability of mechanisms for monitoring compliance with
treaties, as well as for ensuring international bodies’ decisions are implemented
in Brazil, to function properly. Though Brazil has ratified several human
rights treaties, it has not granted jurisdiction to the oversight bodies
these treaties establish. The article discusses the importance of providing
training for Brazilian human rights activists on how to file complaints
through the inter-American system. While the use of this system is increasing
as a result of such training, it is still relatively limited in comparison
to neighboring states and in relation to its population. Getting the state
to participate in good faith remains the greatest challenge. The case of
the 42nd Police District, Parque São Luca, São Paulo is used
to illustrate how the Brazilian government can still be prodded towards
coming to terms with its violations, even if it refuses to participate
in good faith through the judicial process. The article also highlights
both the role of the media in encouraging the state to participate, and
the importance of teaching human rights professionals how to work with
the media. Finally, the shift towards greater use of the United Nations
mechanisms for filing human rights complaints and the official visit of
the United Nations Special Rapporteur on Torture is discussed. It concludes
that while Brazil still has a ways to go, its human rights advocates have
made considerable progress.


