instant case expired on June 7, 2007, that is, before the case was brought before the
Court. 9
18.
In this regard, this Court has indicated that, in criminal cases, the statute of
limitations determines the expiry of the right to bring a criminal action due to the time
elapsed, and generally limits the punitive power of the State to prosecute unlawful
conduct and punish those responsible.10 Nevertheless, in its case-law, the Court has
specified that the statute of limitations is inapplicable in certain cases that involve
serious human rights violations, for which the State’s punitive power is maintained
against conduct whose repression is imperative. In this sense, in the case of Albán
Cornejo V. Ecuador, the Court made clear that "the statute of limitations is
inadmissible in connection with and inapplicable to a criminal action where gross
human rights violations under International Law are involved. This criterion has been
upheld in the Court’s constant and consistent decisions.” 11 More recently, in its
Judgment in the case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, the Court reiterated
this view when it stated that “in certain circumstances, International Law considers
statutes of limitations to be inadmissible and inapplicable, as well as amnesty laws and
the establishment of exemptions of liability, in order to maintain the State’s punitive
power for conducts that, because of their seriousness and to avoid repetition, need to
be repressed.” 12
19.
Likewise, in the Judgment delivered in the case of Gomes Lund et al. (Guerrilha
do Araguaia) v. Brazil, the Court reiterated its case-law with regard to “[…] the statute
of limitation provisions […] that are intended to prevent the investigation and
punishment of those responsible for serious human rights violations such as torture,
summary, extrajudicial, or arbitrary executions and forced disappearances are not
admissible, all these being prohibited for contravening irrevocable rights recognized by
International Human Rights Law.” 13 This jurisprudence was also upheld in recent cases
telemática, ou quebrar segredo da Justiça, sem autorização judicial ou com objetivos não
autorizados em lei.
Pena: reclusão, de dois a quatro anos, e multa.
Brazilian Criminal Code, Decree-Law No. 2.848, of December 7, 1940:
Prescrição antes de transitar em julgado a sentença
Art. 109 - A prescrição, antes de transitar em julgado a sentença final, salvo o disposto nos §§ 1º e
2º do Art. 110 deste Código, regula-se pelo máximo da pena privativa de liberdade cominada ao
crime, verificando-se:
[…]
IV - em oito anos, se o máximo da pena é superior a dois anos e não excede a quatro.
9
The case was submitted to the Court on December 20, 2007.
10
Cf. Case of Albán Cornejo et al v. Ecuador. Merits, Reparations and Costs. Judgment of the InterAmerican Court of November 22, 2007. Series C N° 171, para. 111, and Case of Vera et al v. Ecuador.
Preliminary Objection, Merits, Reparations and Legal Costs. Judgment of the Inter-American Court of May
19, 2011. Series C No. 224, para. 117.
11
Cf. Case of Albán Cornejo et al., supra note 10, para. 111, and Case of Vera Vera et al, supra note
10, para. 117.
12
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, Reparations and Costs. Judgment of
the Inter-American Court of September 1, 2010. Series C No. 217, para. 207.
13
Cf. Case of Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil. Preliminary Objections, Merits,
Reparations and Costs. Judgment of the Inter-American Court of November 24, 2010. Series C No. 219,
para. 171.
6