Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018

99 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS For this reason, according to him, the opening of the internal consti- tutional text to diverse aspects of fundamental rights, including those taken out of International and Regional Charters of human rights, is a sign of in- tegration with the international community, what he calls the Cooperative Constitutional State. All of these theories work with the concept of strengthening commu- nity law in the protection of human rights, becoming effective in the circles of Regional or International Courts. The clear lesson on this process of fragmentation of internal law and the consolidation of transnational communities and, by consequence, inter- national tribunals, comes from Jorge Miranda: “it is not only individuals (or private individuals) who are subjected to juridical norms. It is equally the State and the rest of the institutions that exercise public authority who owe their obedience to the Law (including the Law they create). 49 ” Even though the path to abiding by these decisions shows itself to be sinuous, history has demonstrated that it is possible to travel along this road. Increasingly, the national State has accepted its connectedness to the condemnations and the shortfall in action tends to diminish with the re- cognition that where human rights are concerned, the final word for the Inter-American System is interpreted at San José Court. However, practice has continued to exhibit a difference between ac- cepting the competence of the international organ and executing its de- cisions pro homine. It is perceived that observance depends on the type of condemnation. In effect, the analysis of the reprimands decided upon by the Inter-A- merican Court point towards five categories of condemnation and each one has presented a different dimension of access and concretization of Justice to the concrete case. One can verify: 1. condemnation to the payment of indemnities for patrimonial and extra-patrimonial damages; 49 MIRANDA, Jorge. Teoria do Estado e da Constituição . Rio de Janeiro: Forense, 2002. p. 1.

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