possible human rights violations.134 This judicial protection must be available to all persons
subject to the jurisdiction of the country, regardless of whether or not they are nationals.
The effectiveness of the remedy must be evaluated on a case-by-case basis, to determine
whether domestic mechanisms exist that guarantee true access to justice.135
93.
In Workers of the Fireworks Factory of Santo Antônio de Jesus and their family
members v. Brazil (2020), the Court declared that the guarantee of the right to take steps
to discover the truth about what happened to the alleged victims and their family
members, to obtain answers to the claims and requests submitted to the
authorities, and to punish those responsible within a reasonable time were ways of
realizing access to justice.136
94.
Therefore, the remedies should not be limited to their formal existence. Judicial
protection should provide results and responses to the any alleged human rights violations.
On previous occasions, the Court has indicated that “[t]he analysis by the competent
authority of a judicial remedy that contests the lawfulness of the deprivation of liberty
cannot be reduced to a mere formality; rather, it is necessary to examine the reasons
cited by the plaintiff and rule expressly on them.”137
95.
In this regard, the case law of the Inter-American Court establishes two State
obligations in relation to the effectiveness of access to justice: the first relates to the fact
that the remedy is established by law and to the real possibility of filing effective remedies
before the competent authorities, and the second relates to the guarantee of the means
to ensure execution of the judicial decisions or judgment for the effective protection of
human rights.138 Therefore, there is no obligation to take a favorable decision, provided
the factual and legal situation is decided, rectified and, if appropriate, repaired.139
96.
In addition, in Cuscul Pivaral et al. v. Guatemala (2018) and Zegarra Marín v. Peru
(2017),140 the Court indicated that the obligation to provide the reasoning for a decision
is one of the guarantees included in Article 8(1) of the Convention to ensure the right to
due process. This obligation corresponds to the right of citizens to be tried for legitimate
reasons, so that a decision that is not duly substantiated is an arbitrary decision.141
Cf. Case of Habbal et al. v. Argentina. Preliminary objections and merits. Judgment of August 31, 2022.
Series C No. 463, para. 108; Case of Pavez Pavez v. Chile. Merits, reparations and costs. Judgment of February
4, 2022. Series C No. 449, para. 155; Case of the Former Judicial Employees v. Guatemala. Preliminary
objections, merits and reparations. Judgment of November 17, 2021. Series C No. 445, para. 77.
134
Cf. Case of Goiburú et al. v. Paraguay. Merits, reparations and costs. Judgment of September 22, 2006.
Series C No. 153, para. 120.
135
136
Cf. Case of the Workers of the Fireworks Factory of Santo Antônio de Jesus and their family members v.
Brazil. Preliminary objections, merits, reparations and costs. Judgment of July 15, 2020. Series C No. 407, paras.
217-218.
137
Cf. Case of Habbal et al. v. Argentina. Preliminary objects and merits. Judgment of August 31, 2022. Series
C No. 463, para. 108; Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objection, merits, reparations and
costs. Judgment of August 23, 2018. Series C No. 359, para. 169. Case of López Álvarez v. Honduras. Merits,
reparations and costs. Judgment of February 1, 2006. Series C No. 141, para. 96.
Cf. Case of Former Judicial Employees v. Guatemala. Preliminary objections, merits and reparations.
Judgment of November 17, 2021. Series C No. 445, para. 79; Case of the “Street Children” (Villagrán Morales et
al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63, para. 237; Case of Ríos Avalos et
al. v. Paraguay. Merits, reparations and costs. Judgment of August 19, 2021. Series C No. 429, para. 148.
138
139
Cf. Case of Romero Feris v. Argentina. Merits, reparations and costs. Judgment of October 15, 2019. Series
C No. 391, para. 147.
Cf. Case of Zegarra Marín v. Peru. Preliminary objections, merits, reparations and costs. Judgment of February
15, 2017. Series C No. 331, para. 146.
140
141
Cf. Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment
of August 23, 2018. Series C No. 359, para. 171. In this regard: The reasoning is the exteriorization of the
justification allowing a conclusion to be reached. The obligation to provide the reasons for a ruling is a guarantee
related to the proper administration of justice that ensures to citizens their right to be tried for the reasons
established by law, while providing credibility to judicial decisions in a democratic society. Based on the foregoing,
the rulings adopted by the States’ domestic courts that may affect human rights must be reasoned; to the
contrary, they would be arbitrary. The reasoning of a ruling should provide information on the facts,
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