THE ROLES OF THE OPPOSITION AND THE STATE IN PROTECTING A PUBLIC SPACE SUITABLE FOR DEMOCRATIC DEBATE

REMARKS FROM THE INTER-AMERICAN SYSTEM OF HUMAN RIGHTS

Resumen

Recent studies point to a reduction in the number of countries in a democratic political regime in the world, as well as a smaller number of nations in full democracy. In any case, Latin American countries are historically handicapped in the effective construction of democracy, in view of the structural problems of the State and other difficulties in civil society. Considering the relevance of this reality, this work is justified and its general objective is to undertake a legal analysis of democratic construction in the Latin American context, pondering the actions of the State and the political opposition in this sphere, especially in Brazil and Colombia, using as paradigm cases the case of “Cepeda Vargas vs. Colombia” judged at the Inter-American Court of Human Rights and the death of Marielle Franco in Brazil. The scope, therefore, is to verify how these States have protected and promoted the democratic space. It is concluded that the achievement of full democracy in Colombia and Brazil has practical obstacles, marked by violence, state impunity and resistance to political pluralism. In order to reach this conclusion, it is important to carry out a research that starts from the legal-dogmatic aspect, with a deductive method of approach and bibliographic, doctrinal and exploratory research techniques. In the meantime, it is urgent to evaluate State public policies, among other actions, to ensure the exercise of democracy and to favor the improvement of political cultures in these countries.