INTEGRAL REPARATION IN THE JURISPRUDENCE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Abstract

Contextualization: Integral reparation has consolidated itself as a central element of the Inter-American Human Rights System, especially in view of the jurisprudential evolution of the Inter-American Court, which has expanded the scope of reparation measures beyond monetary compensation. This expansion reveals the need to systematically understand the content of the Court’s judgments and the challenges faced by States –including Brazil – in fully complying with them, as well as the transformative potential of these decisions in the protection of human rights.

Objectives: This article aims to examine the concept of integral reparation in the jurisprudence of the Inter-American Court, analyzing its main modalities –restitution, compensation, satisfaction, rehabilitation, guarantees of non-repetition, and the obligation to investigate, prosecute, and punish – while highlighting their evolution, functions, and impact on victims and Member States.

Method: The study employs a qualitative, exploratory-descriptive approach based on documentary and jurisprudential analysis of the Inter-American Court’s decisions, as well as a normative review of the ACHR and UN Resolution No. 60/147. The investigation uses the inductive method, the Cartesian method for data treatment, and the inductive logical structure for the presentation of results.

Results: The research shows that the Court has developed a complex and increasingly detailed reparatory regime in which each measure plays a distinct and complementary role. It was found that integral reparation simultaneously promotes the restoration of victims, the prevention of new violations, and the institutional strengthening of States. The study highlights that these measures are not merely compensatory but also structural, affirming integral reparation as an essential instrument for the effectiveness of the ACHR and for strengthening the Democratic Rule of Law.