4.
The Commission’s requests. The Commission therefore asked the Court to declare the State
of Brazil internationally responsible for the violations indicated in the Merits Report that occurred
after December 10, 1998 (supra para. 1). It also asked the Court to order the State to carry out
certain measures of reparation, infra chapter IX).
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and to the representatives. The State 2 and the representatives of the
alleged victims 3 (hereinafter “the representatives”) were notified of the submission of the case on
February 9, 2021.
6.
Brief with pleadings, motions, and evidence. On April 12, 2021, the representatives presented
their brief with pleadings, motions, and evidence (hereinafter “pleadings and motions brief”). They
agreed with the content of the Commission’s Merits Report and stated they would expand on that
report's determinations of fact in order to “clarify or explain” them. In addition, they asked that the
State be found internationally responsible for violating the right to the truth to the detriment of the
family of Gabriel Sales Pimenta and “Brazilian society as a whole,” in accordance with Articles 8, 11,
13, and 25 of the American Convention. The alleged victims also requested, through their
representatives, access to the Victims’ Legal Assistance Fund of the Inter-American Court
(hereinafter “the Court's Assistance Fund” or “the Fund”).
7.
Preliminary objections and answering brief. On August 4, 2021, the State presented its
answering brief in response to the Merits Report and to the pleadings and motions brief (hereinafter
“answering brief”). In that document, Brazil raised three preliminary objections and denied the
alleged violations. It also contested the measures of reparation proposed by the representatives and
the Commission.
8.
Observations on the preliminary objections. In documents dated October 25, 2021, the
Commission and representatives presented their respective observations on the State's preliminary
objections.
9.
Public hearing. On February 17, 2022, the Court issued an order summoning the parties and
the Commission to a public hearing on preliminary and potential objections, as well as merits,
reparations, and costs. 4 The public hearing was held virtually on March 22–23, 2022, during the
Court's 147th regular session. 5
2
On March 11, 2021, the State appointed the following agents: Antônio Francisco Da Costa e Silva Neto, Ambassador
of Brazil in San José; Minister João Lucas Quental Novaes de Almeida, Director of the Department of Human Rights and
Citizenship of the Ministry of Foreign Affairs (hereinafter “MFA”); Minister Marcelo Ramos Araújo, Chief of the Division of
Human Rights of the MFA; Ricardo Edgard Rolf Lima Bernhard, Deputy Chief of the Division of Human Rights of the MFA;
Registrar Daniel Leão Sousa, Advisor in the Division of Human Rights of the MFA; Registrar Débora Antônia Lobato Cândido,
Advisor in the Division of Human Rights of the MFA; Registrar Lucas dos Santos Furquim Ribeiro, Chief of the Human Rights
Section of the Embassy of Brazil in San José; Homero Andretta Junior, Tonny Teixeira de Lima, Beatriz Figueiredo Campos da
Nóbrega, Dickson Argenta de Souza, and Taiz Marrão Batista da Costa, Public Attorneys; Milton Nunes Toledo Junior, Chief of
the Special Office of International Affairs of the Ministry of Women, Family and Human Rights (hereinafter “MMFDH” for the
Spanish); Bruna Nowak, Coordinator of International Human Rights Disputes in the Special Office of International Affairs of
the MMFDH, and João Pedro Ribeiro Sampaio de Arruda Câmara, Director of the Office of Agrarian Conflict Resolution of the
National Institute of Agrarian Reform (INCRA for the Spanish).
3
The representatives of the alleged victims are the Pastoral Land Commission and the Center for Justice and
International Law.
Cf. Case of Sales Pimenta v. Brazil. Call for a hearing. February 17, 2022, Order of the President of the Inter-American
Court of Human Rights. Available in Spanish at: https://www.corteidh.or.cr/docs/asuntos/sales_pimenta_17_02_22_spa.pdf.
4
5
Present at this hearing were: (a) for the Commission: Julissa Mantilla Falcón, President; Marisol Blanchard, thenAssistant Executive Registrar; Jorge Meza Flores, current Assistant Executive Registrar, and Analía Banfi Vique, advisor; (b)
for the representatives: Andréia Aparecida Silvério dos Santos and José Batista Gonçalves Afonso of the Pastoral Land
Commission, and Viviana Kristicevic, Gisela de León, Helena Rocha, and Lucas Arnaud of the Center for Justice and
5