11.
Final written arguments and observations. On April 20 and 22, 2022, the State, the
representatives, and the Commission submitted their respective final written arguments and final
written observations.
12.
Observations on the annexes to the final arguments. On May 23, 2022, the State commented
on the annexes presented by the representatives. On May 25, 2022, the Commission stated that it
did not have comments on the annexes to the parties’ final written arguments, and the
representatives presented observations on the annexes to the State's final written arguments.
13.
Victims' Legal Assistance Fund. On April 22, 2022, with their final written arguments, the
representatives informed the Court that they would not present documentation for expenses to be
paid for by the Court's Assistance Fund, as those expenses had not been significant. As such, the
Court understands that the representatives have ceased use of said Fund, and it hereby closes the
corresponding expense file.
14.
The Court deliberated this judgment on June 25, 27, and 30, 2022.
III
JURISDICTION
15.
The Inter-American Court has jurisdiction to hear this case pursuant to Article 62(3) of the
American Convention because Brazil has been a State Party to the American Convention since
September 25, 1992, and accepted the contentious jurisdiction of this Court on December 10, 1998.
IV
PRELIMINARY OBJECTIONS
16.
In the sub judice case, the State lodged three preliminary objections, which are detailed
below.
A. Lack of ratione temporis jurisdiction with respect to events that occurred prior to
the date of recognition of the Court’s jurisdiction
A.1.
Arguments of the parties and the Commission
17.
The State asked the Court to declare its lack of ratione temporis jurisdiction with respect to
alleged human rights violations that occurred or began prior to December 10, 1998. It stated that
the Commission submitted to the Court events that occurred between September 25, 1992, 14 and
December 10, 1998, and that those events are outside the jurisdiction of the Court. It argued that
the Court has jurisdiction to analyze possible violations, in the terms submitted by the Commission,
only if the events are proven or deduced to have begun after December 10, 1998, and if the violations
constitute specific, discrete denials of justice. Finally, it stated that neither the Commission nor the
representatives identified the specific independent events that occurred after December of 1998 that
would constitute a violation of the Convention, and that for this reason the case should be dismissed.
18.
The Commission emphasized that its submission of the case referred exclusively to events
that began or continued after December 10, 1998—primarily the alleged failure to exercise due
diligence in the investigation and the factors that it argues led to a denial of justice. It also recalled
that the Court has already established that it “can examine acts or facts that have taken place after
the date of the said acceptance and that have generated instantaneous and continuing or permanent
human rights violations.”
14
Brazil has been a State Party to the American Convention since September 25, 1992.
7