The Inter-American Human Rights System as an emancipatory environment? Reflections on the development of the right to communal property

Abstract

Formed by a set of rules designed by Europeans and for Europeans, even after the independence of the former colonies, International Law continues to denote the Global North/South division. The right to property fits into this logic, as it reflects the liberal culture of protecting individual rights. However, with the growing questioning of the modern characteristics of International Law, particularly regarding the inclusion of subjects previously located on the margins of the system and the need to protect their rights, the need to change its scope arises. In view of this, based on applied research and using the qualitative method of approach and the explanatory method as to the objectives, this text seeks to understand how the content of the right to property was modified by the Inter-American System of Human Rights, exposing (I.) the jurisprudential evolution regarding the interpretation of said right and (II.) how such development advances in the protection of the interests of those placed on the margins of the system. To this end, as for the procedures, bibliographical, documentary and jurisprudential techniques are adopted for its development, with a focus on the key words of this study. In the end, it was concluded that social movements, such as those led by indigenous people, can offer new paths for International Law, freeing it from its Europeanized roots, the right to communal property being an example of this.