The international human right to appeal and the adjudication of individuals devoid of procedural privileges by the Brazilian Supreme Federal Court

This paper provides a theoretical and jurisprudential review of the right to appeal and the concept of procedural privilege, examining their implications for the rule of law and access to justice. In particular, this paper explores how the Brazilian Supreme Federal Court's handling of individuals without procedural privileges may violate the right to appeal outlined in International Human Rights Law. To address this research question, the study analyzes international human rights standards applicable to individuals facing adjudication by domestic courts, focusing on the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights (ACHR). The research employs doctrinal and comparative methods, integrating legal and jurisprudential analyses. This study offers valuable insights into fair trial rights under international law by examining how Brazil's specific judicial challenges highlight broader global issues related to judicial authority and human rights protection. This paper indirectly examines whether the Brazilian Supreme Court's handling of Inquiry 4781 infringes upon the human right to appeal.

Authors

Publication Details

Journal
Revista Jurídica da UFERSA
Published
2025-06-06
DOI
https://doi.org/10.21708/issn2526-9488.v9.n17.p176-212.2025
Primary Topic
International Environmental Law and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The international human right to appeal and the adjudication of individuals devoid of procedural privileges by the Brazilian Supreme Federal Court

Áquila Mazzinghy
Revista Jurídica da UFERSA
International Environmental Law and Policies
article

The international human right to appeal and the adjudication of individuals devoid of procedural privileges by the Brazilian Supreme Federal Court

Áquila Mazzinghy
article en

Abstract

This paper provides a theoretical and jurisprudential review of the right to appeal and the concept of procedural privilege, examining their implications for the rule of law and access to justice. In particular, this paper explores how the Brazilian Supreme Federal Court's handling of individuals without procedural privileges may violate the right to appeal outlined in International Human Rights Law. To address this research question, the study analyzes international human rights standards applicable to individuals facing adjudication by domestic courts, focusing on the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights (ACHR). The research employs doctrinal and comparative methods, integrating legal and jurisprudential analyses. This study offers valuable insights into fair trial rights under international law by examining how Brazil's specific judicial challenges highlight broader global issues related to judicial authority and human rights protection. This paper indirectly examines whether the Brazilian Supreme Court's handling of Inquiry 4781 infringes upon the human right to appeal.

Revista Jurídica da UFERSAVol. 9(17)
Openalex Percentile: Top 81%
International Environmental Law and Policies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

The international human right to appeal and the adjudication of individuals devoid of procedural privileges by the Brazilian Supreme Federal Court — Áquila Mazzinghy · Revista Jurídica da UFERSA (2025) | TGRS Research Map | TGRS