107
the Court, given the nature of the case, to establish in equity, a sum for the
compensation of pecuniary damage.
300. The representatives acknowledge the State’s efforts to compensate the
next of kin of the victims, given that many of them have received compensation
in the domestic forum. Said sums should be recognized as part of the reparation
and discounted from the value that is determined by the Court. Nevertheless,
none of the laws that regulate the payment of reparation that was provided,
defines in an explicit manner, the reasons for said compensation, nor do they
differentiate between reparations for pecuniary and non-pecuniary damage. On
the other hand, they noted that given the impossibility of proving the medical
expenses incurred by the family members for the suffering caused by the
disappearance of the victims, the representatives requested the Court to
determine the corresponding value in equity. In regard to consequential
damage, they agreed that said concept encompasses the loss suffered by the
next of kin for having dedicated their lives to the search for justice. Given that
there are many expenses that have been incurred over more than 30 years by
the next of kin, to which they have not saved all the receipts, they requested the
Court to establish a sum in equity. Moreover, considering the impossibility of
determining with precision the professional activities carried out by the victims
at the time the facts occurred, because these individuals were living in
clandestine circumstances, they requested the Court to adopt standards
established in Brazilian domestic law for similar situations in order to determine
the loss of earnings owed to the next of kin of the victims. In this sense, they
requested the Court to apply the standard criteria established in Law No.
10.559/02, and to indicate that the ordered reparations in the present Judgment
do not impede the next of kin from exercising their rights in domestic
procedures for the payment of other compensations, those of which are
complementary, and in conformity with domestic law.
301. The State noted that Law No. 9.140/95 empowered the next of kin of the
deceased and disappeared persons to request pecuniary reparation.395 In May of
2007, the State sent to the Inter-American Commission a list of the disappeared
persons of the Guerrilha do Araguaia whose next of kin received compensation.
Of this total of 62 people recognized by the State, it reported that four families
had not received compensation, because of an express waiver by the families or
because no one submitted a request. As such, it indicated that it had paid
compensation to 58 victims.396
395
Pursuant to Article 10 of the Law No. 9.140/95, the compensation shall be paid to the
couples, companions, descendants, ascendents, and collaterals until the fourth grade, of the victims,
and shall never be less than R$ 100,000.00.
396
Adriano Fonseca Fernandes Filho, André Grabois, Antônio Alfredo de Lima, Antônio Carlos
Monteiro Teixeira, Antônio de Pádua Costa, Antônio Ferreira Pinto, Antônio Guilherme Ribeiro Ribas,
Antônio Teodoro de Castro, Arildo Aírton Valadão, Áurea Eliza Pereira Valadão, Bérgson Gurjão Farias,
Cilon Cunha Brum, Ciro Flávio Salazar de Oliveira, Custódio Saraiva Neto, Daniel Ribeiro Callado,
Dermeval da Silva Pereira, Dinaelza Santana Coqueiro, Dinalva Oliveira Teixeira, Divino Ferreira de
Souza, Elmo Corrêa, Gilberto Olímpio Maria, Guilherme Gomes Lund, Helenira Resende de Souza
Nazareth, Idalísio Soares Aranha Filho, Jaime Petit da Silva, Jana Moroni Barroso, João Carlos Haas
Sobrinho, João Gualberto Calatrone, José Huberto Bronca, José Lima Piauhy Dourado, José Maurílio
Patrício, José Toledo de Oliveira, Kléber Lemos da Silva, Líbero Giancarlo Castiglia, Lourival de Moura
Paulino, Lúcia Maria de Souza, Lúcio Petit da Silva, Luiz René Silveira and Silva, Luiz Vieira de
Almeida, Luiza Augusta Garlippe, Manoel José Nurchis, Marcos José de Lima, Maria Célia Corrêa,
Maurício Grabois, Miguel Pereira dos Santos, Nelson Lima Piauhy Dourado, Orlando Momente, Osvaldo
Orlando da Costa, Paulo Mendes Rodrigues, Paulo Roberto Pereira Marques, Rodolfo de Carvalho
Troiano, Rosalindo Souza, Suely Yumiko Kanayama, Telma Regina Cordeiro Corrêa, Tobias Pereira
Júnior, Uirassú de Assis Batista, Vandick Reidner Pereira Coqueiro, amd Walkíria Afonso Costa. Cf.
Compensation paid to the next of kin of the disappeared persons of the Guerrilha do Araguaia, supra
note 93, folios 9110 to 9115.
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