Instabilidade política na América Latina e a observância do devido processo legal em julgamentos políticos conforme o sistema interamericano de direitos humanos

Abstract

The present monograph seeks to provoke reflections about the new patterns of democratic instability verified in Latin America since the 1990s, marked by the distorted use of political judgments as a method of dismissing undesirable heads of state, in a clear approximation of the referred institute to the vote of parliamentary confidence. In this context, the monograph discusses the relevance of the Organization of American States, through Inter-American Human Rights System, in the establishment of standards regarding the observance of due process of law – which is understood by the rights to legality, judicial guarantees and judicial protection – during trials of political and administrative accountability of democratically elected leaders of the executive branch. Thus, an examination of the political judgments of Fernando Lugo, in Paraguay, in 2012, and Dilma Rousseff, in Brazil, in 2016 is carried out, pointing out the internal flaws in the legal systems of these countries that allowed the excessive use of impeachments, claiming that international human rights law has the capacity to assist in the prevention of these episodes and, therefore, the practice of veiled coups d'État in the region.