A ARTE COMO REPARAÇÃO SIMBÓLICA EM CASOS DE VIOLAÇÕES DE DIREITOS HUMANOS: UMA ANÁLISE DAS DECISÕES DA CORTE INTERAMERICANA EM CONTEXTOS DE JUSTIÇA DE TRANSIÇÃO

Abstract

The present work aims to investigate the use of symbolic reparations, by the Inter-American Court, in cases of human rights violations that occurred in contexts of transitional justice. For that, a qualitative study will be used, through an exploratory and descriptive approach, with data collection of the bibliographical and documental research type, as well as data treatment technique of the content analysis type. Initially, the scenario of transitional justice is addressed, as well as the concepts of reparation and, specifically, of symbolic reparation in the form of monuments, museums, and memorials. In this sense, for comparative purposes, the understanding of the international system is analyzed, as well as the local experiences of the cases of South Africa, Cambodia, and the European Court of Human Rights. Then, the role of the Inter-American Court of Human Rights, its mechanisms and functioning are investigated, as well as a case-by-case analysis. To this end, five specific cases were selected, which correspond to the “Massacre de Mapiripán vs. Colombia”, “Valle Jaramillo vs. Colombia”, “El Mozote Massacres and neighboring places vs. El Salvador”, "González and others (“Campo Algodonero”) vs. Mexico, and, finally, “Barrios Altos vs. Peru”. In this scenario, these cases were selected according to the fulfillment of criteria established throughout the thesis, such as period and place where they occurred and violations against different groups (e.g., women, children, and human rights defenders). Likewise, preference was also given to cases that occurred in the three geographic sub-regions of the American continent, namely, America North, Central and South America. Finally, it appears that the Inter-American Court has used mechanisms of symbolic reparation in contexts of human rights violations that occurred in contexts of transitional justice. However, the Court has failed in guaranteeing that these measures are applied, with respect for victims, families, and local communities.