The Observance of the Derogation Clause of the American Convention in Brazil During the Pandemic

Abstract

This paper examines Brazil's actions during the pandemic and the derogation clause, present in Article 27 of the American Convention, which, in extreme situations of public emergency, allows the temporary suspension of the exercise of certain rights, provided that the States Parties observe a series of limitations, safeguards, and procedures. Thus, the aim of this paper is to analyze whether Brazil, during the extraordinary context caused by the COVID-19 pandemic, observed the derogation clause of the American Convention. The methodology used is deductive, combining qualitative-bibliographic research of books and articles on the topic with legislative-jurisprudential research.