5. In the complaint, it is alleged that the Brazilian State violated Articles 1 and 24 of the American Convention on Human Rights; Articles 3, 6, 7 of the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights (Protocol of San Salvador); Articles 1 and 2 of the International Convention on the Elimination of All Forms of Racial Discrimination; and Articles 2 and 3 of Convention 111 of the International Labor Organization. 6. According to the petitioner, on March 22, 1998, an advertisement was published in the daily newspaper Folha de São Paulo in which the company NIPOMED – Planos de Saúde indicated that it was recruiting candidates for the position of sales representative. Ms. Isabel Lazzarini, having seen the ad, informed Ms. Neusa dos Santos Nascimento, her colleague at work and friend. It had not been for a conflict in Ms. Nascimento’s schedule, they would have gone to NIPOMED together to apply for the job announced. 7. On March 26, 1998, in the morning, Ms. Neusa dos Santos Nascimento and Ms. Gisele Ana Ferreira, both black, went to the Nipomed offices in response to the ad. Upon arriving, they were received by Mr. Munehiro Tahara, who informed them that the positions had all been filled. He did not seek to obtain information from the two candidates about their professional qualifications, considering the matter concluded. 8. That same day (March 26) in the afternoon, Ms. Isabel Lazzarini, who is white, went to the same locale where Ms. Nascimento and Ms. Ferreira had gone. She was received by Mr. Tahara, who gave her a form to fill out, asked her some questions, and took her to another person involved in hiring by the name of Mauro, who gave her a folder and start-up materials for the job. Ms. Isabel Lazzarini was hired immediately and even asked if she knew other persons with her characteristics. 9. That same evening, Ms. Neusa Nascimento made contact with Ms. Isabel Lazzarini, who was very happy since she had gotten the job. Ms. Nascimento was happy for her colleague and at the same time intrigued, for Ms. Lazzarini had gone in the afternoon, after Ms. Nascimento and Ms. Ferreira. 10. On learning from Ms. Nascimento that there were still openings, Ms. Ferreira once again went to the company, where she was received by another recruiter. This time, she filled out an application form and was informed that if they were interested they would contact her, which they never did. 11. After these events, Ms. Nascimento and Ms. Ferreira went to the police station, where they filed incident report No. 2580/98; they then contacted Geledés, which is the petitioner in this matter. Subsequently, the complaint was brought before the 24th Criminal Court Judge of the Capital of São Paulo, Mr. Walter da Silva, in case No. 681/98; the illustrious representative of the Public Ministry, Mr. Roberto Antonio de Almeida Costa, 92nd Criminal Prosecutor of the Capital, was also heard. The Public Ministry, through the prosecutor, filed a criminal action against Mr. Tahara, under Article of Law 7,716/89. 12. In the course of the phase of the criminal proceeding in which each party presented its case, Mr. Munehiro Tahara denied the accusations, arguing that there was a misunderstanding and that as of the date of the facts he was merely assisting one of his colleagues, Mr. Mário Yamada. The prosecution witness, Ms. Isabel Lazzarini, confirmed the facts reported in the inquiry phase, which made it possible to proceed with the criminal action, and in addition came to believe that Ms. Neusa Nascimento and Ms. Gisele Ferreira were hindered from access to the job for being black, seeing as this would be the only motive that would explain the