Strategic Litigation and Human Rights.
| Autor | Alvim, Juliana Cesario |
In attempting to promote social change through litigation before state, regional and supranational institutions, the practice of strategic litigation in human rights operates at borders: law and politics; social movements and institutions; domestic and international plans; conservation and transformation.
This dossier of the Law and Praxis Journal, "Strategic Litigation and Human Rights", intends to critically and constructively exploit these tensions. The papers that compose the dossier are investigations that seek to combine theory and practice in order to analyze the limits and potentialities of the use of the law and the judicial apparatus for the adjudication and promotion of human rights.
From the more general to the more specific discussions, the dossier begins with comprehensive analyzes of the strategic human rights litigation, its characteristics and actors, goes through investigations into concrete cases, and finally addresses procedural issues. The dossier also includes an unpublished translation of Owen Fiss's article, with a review of Helen Duffy's recent book and a review of Luis Roberto Barroso's work, which includes an original interview specially granted for this publication.
We hope to offer a contribution to this field of research still incipient in Brazil and to the advancement of critical reflection by those who act in practice in this activity. The dossier begins with a contribution from me, "At the Crossroads: Limits and Possibilities of the Use of Strategic Litigation for the Advancement of Human Rights and for Social Transformation." From my practical and theoretical experience in the field, I try to show a panorama of the crossroads contained in the theme of strategic litigation in human rights. The article critically addresses the dilemmas surrounding the institute's characteristics, participants, and context, and argues that the potential of strategic human rights litigation to innovate and destabilize existing systems of inequality and power depends on a complex, critical and contextualized approach in which its limits are observed and discussed, in order to avoid that its process reinforces social hierarchies and produces unexpected and conservative side effects.
The second article is an unpublished contribution by Daniel Bonilla Maldonado of the University of Los Andes and currently Visiting Professor of Sciences Po in Paris. In his article "Pro bono legal work in Brazil: legal transplants, access to justice...
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