of the country or even the particular circumstances of a specific case, cannot be considered
effective.498 This may occur, for example, when their ineffectiveness has been revealed by
the practice, because the means to execute the respective decisions are lacking, or due to
any other situation that constitutes a context of denial of justice.499 Thus, the purpose of the
proceedings should be to implement the protection of the right recognized in the legal ruling
by the appropriate execution of this ruling.500
393. The Court has indicated that two specific State obligations can be identified under
Article 25 of the Convention. The first is that the State must establish by law effective
remedies that protect everyone subject to their jurisdiction from acts that violate their
fundamental rights, or that determine their rights and obligations, and ensure due
implementation of such remedies by the competent authorities. The second is that the State
must guarantee the means to execute the respective decisions and final judgments of these
competent authorities, so that they provide effective protection for the rights that have been
declared or recognized.501 The right established in Article 25 is closely related to the general
obligation under Article 1(1) of the Convention, by attributing functions of protection to the
domestic law of the States Parties.502 Consequently, the State is responsible not only for
creating an effective remedy and establishing it by law, but must also ensure the due
implementation of this remedy by its judicial authorities. 503
394. In this case, the Court considers, first, that the Brazilian State has a legal framework
that, in principle, allows it to ensure that everyone has judicial protection by punishing the
perpetration of wrongful acts and establishing reparation for harm cause to the victims when
there is a possible violation of article 149 of the Brazilian Penal Code, which establishes
reduction to a condition similar to that of a slave as a crime.
395. However, the Court recalls its case law that the mere existence of judicial remedies
does not meet the State’s obligation under the Convention; rather, the facts must
demonstrate that these remedies are appropriate and effective and that they provide a
prompt and exhaustive response in keeping with their purpose, which is to determine
responsibilities and to make reparation to the victims when appropriate. The Court will now
analyze whether the proceedings undertaken in this case were truly appropriate and effective
mechanisms.
396. Regarding the 1997 criminal proceedings, the Court underlines that the charges were
filed against the gato Raimundo Alves da Rocha, the manager of Hacienda Brasil Verde,
Antônio Alves Vieira, and the owner of the hacienda, João Luiz Quagliato Neto. However, only
Raimundo Alves and Antônio Alves was charged with committing the crime of reduction to a
condition similar to that of a slave, while João Luiz Quagliato Neto was charged with
committing a less serious offense.
Cf. Case of Ivcher Bronstein v. Peru. Merits, reparations and costs. Judgment of February 6, 2001. Series C No.
7, para. 137, and Case of Maldonado Ordoñez, para. 109.
498
Cf. Case of Las Palmeras v. Colombia. Reparations and costs. Judgment of November 26, 2002. Series C No. 96,
para. 58, and Case of Maldonado Ordoñez, para. 109.
499
Cf. Case of Baena Ricardo et al. v. Panama. Jurisdiction. Judgment of November 28, 2003. Series C No. 104,
para. 73, and Case of Maldonado Ordoñez, para. 109.
500
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, para. 237, and Case of Maldonado
Ordoñez, para. 110.
501
Cf. Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, para. 83, and Case of
Maldonado Ordoñez, para. 110.
502
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, para. 237, and Case of Maldonado
Ordoñez, para. 110.
503
98