The facts of the case refer to the forced disappearance, between April 1972 and January 1975, of members of the “Guerrilha do Araguaia”, a resistance movement to the military dictatorship of which some members of the Brazilian Communist Party formed part. As a consequence of the validity and application of Amnesty Law N° 6683/79, criminal investigations into the events were not conducted.

The IA Court reiterated its standards with regards to forced disappearance constituting a multiple and continued violation of rights. The Court asserted the obligation of States to investigate and punish gross human rights violations, and expressed the incompatibility of these obligations with active amnesty laws. The IA Court also developed the protection of the right to access public information and the limitations on state secrecy.