3
thirteenth report by the State and the brief by the representatives of the beneficiaries
– the latter along with its annexes – filed before the Tribunal in the course thereof.
8.
The brief of September 5, 2008, whereby the representatives made their
comments on the thirteenth report by the State regarding the instant measures.
9.
The two briefs by the State of September 18, 2008 and its annexes, whereby
the State filed: a) the original text of its thirteenth report and its annexes, receipt
whereof was pending; and b) the additional information on compliance with the
provisional measures as per the request by the Acting President of the Tribunal in the
course of the public hearing held on August 13, 2008 in the instant matter (supra
Having Seen 7).
10.
The brief of October 17, 2008, filed after a time extension was granted by the
President of the Tribunal, whereby the representatives submitted their comments on
the additional information brief filed by the State regarding compliance with the
instant measures (supra Having Seen Clause 9).
11.
The brief of November 24, 2008, filed after a time extension up to November 1,
2008 was granted by the President of the Court, whereby the Inter-American
Commission submitted its comments on the thirteenth report and on the additional
information brief filed by the State, and on the comments by the representatives,
regarding compliance with the provisional measures (supra Having Seen Clause 7 to
10).
CONSIDERING:
1.
That 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 that, under Article 62 thereof, it accepted the binding jurisdiction of the
Court on December 10, 1998.
2.
That Article 63(2) of the American Convention provides that “[i]n cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons,” the Court may act, in a case not yet submitted to it, at the request of the
Commission, in order to adopt such provisional measures as it deems pertinent.
3.
That, on such matter, Article 25(2) of the Rules of Procedure of the Court
provides as follows:
1.
At any stage of the proceedings involving cases of extreme gravity and urgency,
and when necessary to avoid irreparable damage to persons, the Court may, at the
request of a party or on its own motion, order such provisional measures as it deems
pertinent, pursuant to Article 63(2) of the Convention.
2.
In a case not yet submitted to the Court, it may act at the request of the
Commission.