CONSIDERING THAT:
1.
One of the inherent attributes of the jurisdictional functions of the Court is to
monitor compliance with its decisions.
2.
Brazil has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since September 25,
1992, and, in accordance with Article 62 thereof, accepted the compulsory jurisdiction
of the Court on December 10, 1998.
3.
Article 68(1) of the American Convention stipulates that “[t]he States Parties to
the Convention undertake to comply with the judgment of the Court in any case to
which they are parties.” To this end, the State must ensure implementation at the
national level of the Court’s decisions in its judgments.1
4.
In view of the final and non-appealable nature of the judgments of the Court,
as established in Article 67 of the American Convention, the State must comply with
them fully and promptly.
5.
The obligation to comply with the decisions in the Court’s judgments
corresponds to a basic principle of the law of the international responsibility of the
State, supported by international case law, according to which, a State must comply
with its international treaty obligations in good faith (pacta sunt servanda) and, as this
Court has already indicated and as established in Article 27 of the 1969 Vienna
Convention on the Law of Treaties, a party may not invoke the provisions of its internal
law as justification for its failure to perform a treaty.2 The treaty obligations of the
States Parties are binding for all the powers and organs of the State.3
6.
The States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic legal
systems. This principle is applicable not only with regard to the substantive norms of
human rights treaties (that is, those which contain provisions concerning the protected
rights), but also with regard to procedural norms, such as those referring to
compliance with the decisions of the Court. These obligations shall be interpreted and
1
Cf. Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003, Series
C No. 104, para. 131; Case of Valle Jaramillo v. Colombia. Monitoring compliance with judgment. Order of
the President of the Inter-American Court of Human Rights of December 21, 2010, third considering
paragraph, and Case of the Ituango Massacres v. Colombia. Monitoring compliance with judgment. Order of
the President of the Inter-American Court of Human Rights of December 22, 2010, third considering
paragraph.
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of December
9, 1994, para. 35; Case of the Miguel Castro Castro Prison v. Peru. Monitoring compliance with judgment.
Order of the acting President of the Inter-American Court of Human Rights of December 21, 2010, sixth
considering paragraph, and Case of Valle Jaramillo v. Colombia, supra note 1, fourth considering paragraph.
3
Cf. Case of Castillo Petruzzi et al. v. Peru. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of November 17, 1999, third considering paragraph; Case of the Miguel
Castro Castro Prison v. Peru, supra note 2, sixth considering paragraph, and Case of Valle Jaramillo v.
Colombia, supra note 1, fourth considering paragraph.