The Role of State Attorneys in Implementing Internationally Recognized Economic, Social, and Cultural Rights

Abstract

Throughout its institutional development, the Italian State Attorney’s Office (Avvocatura dello Stato) has gone through several phases and is currently focused on defending the fundamental social human rights guaranteed by the European Convention on Human Rights. In Brazil, a similar function can and should be performed, with a view to international human rights instruments, both universal (the United Nations Charter and the International Covenant on Economic, Social, and Cultural Rights) and regional (the American Convention on Human Rights). This article examines the evolving role of state attorneys in ensuring compliance with internationally recognized economic, social, and cultural rights, drawing from the institutional experience of Italian State Attorneys and their Brazilian counterparts. Through analysis of landmark decisions by the Inter-American Court of Human Rights, including the Sawhoyamaxa Indigenous Community v. Paraguay and Dismissed Congressional Workers v. Peru cases, this study demonstrates the growing judicial concern with enforcing second-generation rights at the international level. The article further explores the procedural mechanisms available to Brazilian federal state attorneys for implementing decisions of international human rights courts, highlighting the interplay between domestic and international legal frameworks and the critical importance of active state advocacy in safeguarding fundamental social rights during periods of economic crisis.