Spiritual damage in the Inter-american Court of Human Rights:

The logic of legal reasoning of Judge Cançado Trindade in the case of Moiwana versus Suriname

Abstract

The objective of this research is to discover the logic of legal argumentation of the concept of spiritual damage that was first developed in the Inter-American Court of Human Rights in 2005 by Judge Cançado Trindade during the trial session of the denunciation of the Afro-descendant community Moiwana against the State of Suriname. With this purpose, six categories of inventories of knowledge will be articulated and sequential projection of Judge Cançado Trindade’s logic of argument and, consequently, the epistemological structure of own concept of spiritual damage.
Keywords: spiritual damages, logic of legal argumentation, human rights