Judicialização da política externa e direitos humanosThe purpose of the article is to provide a theoretical basis for the application of judicial proceedings (judicialização) in the foreign policy. The starting point is the classical conceptions of Locke and Montesquieu which conferred a great deal of discretion to the Executive for managing foreign relations, what was gradually counterbalanced by the Legislative and the Judiciary. Approaching the Brazilian literature on the expansion of judicial power to the politics and subsequent misrepresentations, the author tries to apply the concept to the foreign policy and analyses five cases of the Inter-American Court of Human Rights.
Foreign Policy; Brazil; Judicial Power; International Courts; Human Rights