The facts of the request for protective measures refer to an administrative resolution by the Brazilian Ministry of Defense, which created a Working Group to locate and identify the mortal remains of those who presumably have died during a combat known as ‘Guerrilha do Araguaia’. These provisional measures address the risk that this Working Group posed on future compliance with a potential reparation measure to adequately investigate the facts in the Guerilha do Araguaia case, which was pending before the Inter-American System.

The Inter-American Court rejected the petition because it considered - among other factors - that the changes made by the State to the group originally established avoided a situation of extreme gravity and irreparable damage.