THE INTER-AMERICAN COURT OF HUMAN RIGHTS AND THE COLLECTIVE RIGHTS: A STUDY OF THE YAKYE AXA INDIGENOUS COMMUNITY V. PARAGUAY CASE

Abstract

The purpose of the study is to verify if, in the Inter-American Human Rights System, through the Inter-American Court of Human Rights (IACHR) the cases that involve collective interests/rights can be effectively judged without specific instruments of collective process. The bibliographic search involves the investigation of the collective rights treatment evolution, using Brazilian collective process instruments as a parameter. The case of the indigenous community Yakye Axa against Paraguay, judged in 2010 by the IACHR, was chosen to be analyzed through official documents. The study demonstrates that the procedure of the IACHR is satisfactory in cases that involve collective rights.