Policentrismo interamericano

diálogos entre Elinor Ostrom e a Corte Interamericana de Direitos Humanos

Abstract

The Inter-American Court of Human Rights has significant environmental jurisprudence. However, whether as a result of the Court's rulings or its Advisory Opinions, these guidelines are not fully implemented by the IAHRS member countries, which persist in maintaining a dysfunctional relationship with environmental rights, often resulting in a scenario of "tragedy of the commons," a concept developed by ecologist Hardin to illustrate scenarios of ecosystem overexploitation. However, solutions to this "tragedy of the commons" already exist. In this regard, political scientist Elinor Ostrom became the first woman to win the Nobel Prize in Economics by developing eight principles capable of guiding overcoming the tragedy of the commons and implementing polycentric governance in environmental matters. This article, therefore, aims to propose a dialogue between Ostrom's doctrine and the jurisprudence of the Inter-American Court, so that the scientist's empirical studies can contribute to the implementation of the IACHR's jurisprudence. To this end, a hypothetical-deductive methodology is used, drawing on bibliographical and documentary sources. As a result, a range of intersections between Ostrom's studies and the Court's recommendations were identified, which, with the necessary critical approach, can contribute to the advancement of inter-American environmental legal protection.