Abstract

SALDANHA, Jânia Maria Lopes  and  BRUM, Márcio Morais. The National Margin of Appreciation and its (in) Application by the Inter-American Court of Human Rights Regarding Amnesty: a Hermeneutic Figure in the Service of the Ordering Pluralism?. Anu. Mex. Der. Inter [online]. 2015, vol.15, pp.195-238. ISSN 1870-4654.

The work aims to study the doctrine of the national margin of appreciation, to analyze the positive and negative review, questioning what are the limits of yours applicability and the subjects that made ​​possible your acknowledgment. The central question to be answered is about the (in)applicability of NMA in regards to amnesty for crimes against humanity, based in the jurisprudence of the Inter-American Court of Human Rights (ICHR). Thus, it will be investigated the work's importance of the human right's jurisdiction in the building and sophistication of the NMA doctrine. The phenomenological-hermeneutic method was used in this paper. The conclusions of the study are that the recognition of national margin of appreciation doctrine can be an effective mean to ordering legal pluralism and the building of a common law; that the use of NMA, however, is not immune to criticism; and, finally, that is not possible to admit NMA doctrine regarding to amnesty for crimes of lese humanity.

Keywords : internationalization of law; human rights; orderly pluralism; national margin of appreciation; amnesty laws.

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