A TENSÃO ENTRE O DIREITO INFORMACIONAL E A CONDUÇÃO DE PESQUISAS EMPÍRICAS

UMA ANÁLISE A PARTIR DE DIÁRIO DE PESQUISA EMPÍRICA E BIBLIOMETRIA SOBRE A TRANSPARÊNCIA DO SIDH

Abstract

Conducting empirical research on the Inter-American Human Rights System (IAHRS), including the Commission (IACHR) and the Inter-American Court of Human Rights (IACourtHR), depends on the availability of official data from these institutions, which is not always accessible. This research contributes to the research fields of International Law and International Relations by offering elements to analyse the limits and possibilities of conducting empirical research on the IAHRS. Methodologically, the work combines: bibliographical research; empirical research diary, prepared by the authors themselves during a documental research on friendly settlements in the IACHR and the IACourtHR; and a bibliometric procedure, to map research that focuses on the availability of official data on IAHRS and the repercussions of it in the conduction of empirical research. With regard to the limits, the empirical research diary allows to conclude that, about friendly settlements in the IACHR, there is (i) insufficient data, (ii) inconsistencies and contradictions, (iii) lack of reports in Portuguese and (iv) failure of accessibility for people with disabilities, and, with regard to the IACourtHR, there is a lack of data updating and the absence of indexing of all its decisions in its official jurisprudence search engines. Also, the literature identified by the bibliometric research highlights limits in the publication of data on petitions, cases and procedures of the IACHR and the IACourtHR.