The current international legal system is heavily based on the signature of conventions and the recognition of international and regional bodies by the states. But notable differences exist, which beg questions concerning the application of the decisions of the regional bodies and the possible impact on the domestic law of a State where the national legal norms are not entirely compatible with those of the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights. Brazil and the Inter-American human rights system (IHRS) have a relation which illustrates in detail this reality. To understand the participation of the Brazilian State, it is vital to grasp the impact of Latin America on the elaboration of human rights, in particular the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights. It is with this contextualization that it is possible to understand in large part the variability of the intensity of the Brazilian participation in the competence of the IHRS. For historical reasons, the meeting of the past and the present in regards of human rights in Brazil is tumultuous. While the IHRS used to have in the past an approach aiming at the democratic transition, it evolved towards an emphasis on egalitarian political, social and legal approaches. The IHRS’ jurisprudence is therefore a legal binding for the promotion of national justice at the legislative, executive and legal levels. The aftermath of dictatorships consequently still has influence on the Brazilian rule of law.