A.2
Considerations of the Court
19.
The Court notes that Brazil ratified the American Convention on Human Rights on
September 25, 1992, and the Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence against Women on November 27, 1995. Subsequently, on December
10, 1998, the State of Brazil recognized the contentious jurisdiction of the Court. In this regard,
the Court recalls that in its declaration, Brazil indicated that the Court would have jurisdiction
over “facts subsequent to” such recognition. The terms of the recognition of jurisdiction made
by the State of Brazil are as follows:
The Government of the Federative Republic of Brazil declares its recognition as binding, for an
indefinite period of time, ipso jure, of the jurisdiction of the Inter-American Court of
Human Rights on all matters relating to the interpretation or application of the American
Convention on Human Rights, according to Article 62 of that Convention, on the condition of
reciprocity, and for matters arising after the time of this declaration.16 (Emphasis added)
20.
The Court reiterates that it cannot exercise its contentious jurisdiction to apply the
American Convention and declare a violation of its provisions with respect to alleged facts or
conduct by the State that could imply its international responsibility, which occurred prior to
such recognition of jurisdiction, as it has affirmed in previous cases against the State of Brazil. 17
21.
Furthermore, in its constant case law, the Court has established that judicial acts or
acts related to an investigative process may involve separate violations and may constitute
“specific and autonomous violations of denial of justice.” 18 Thus, the Court may examine and
rule on alleged violations referring to acts or decisions in judicial proceedings that occurred
after the date of recognition of the Court’s contentious jurisdiction, even when the judicial
proceedings began on a date prior to the recognition of the Court's jurisdiction.
22.
The Court observes that both the Commission and the representatives indicated that
they did not seek a declaration of international responsibility of the State for events prior to
December 10, 1998. In consideration of the above criteria, the Court has jurisdiction to analyze
the alleged actions and omissions of the State that took place in the investigations and criminal
proceedings related to the alleged murder of Márcia Barbosa de Souza, after December 10,
1998, both in relation to the American Convention and to Article 7 of the Convention of Belém
do Pará.
23.
For the foregoing reasons, the Court reaffirms its settled case law on this issue and
finds the preliminary objection to be partially grounded.
B.
Alleged failure to exhaust domestic remedies
B.1.
Arguments of the parties and of the Commission
Cf. OAS, General information on the Treaty: American Convention on Human Rights. Brazil, acceptance of
jurisdiction. Available at: http://www.oas.org/juridico/spanish/firmas/b-32.html.
17
Cf. Case of Gomes Lund et al. (“Guerrilha do Araguaia”) v. Brazil. Preliminary objections, merits, reparations
and costs. Judgment of November 24, 2010. Series C No. 219, para. 16; Case of the Workers of Hacienda Brasil
Verde v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of October 20, 2016. Series C No.
318, para. 63; Case of Xucuru Indigenous People and its members v. Brazil. Preliminary objections, merits,
reparations and costs. Judgment of February 5, 2018. Series C No. 346, para. 31, and Case of Herzog et al. v. Brazil.
Preliminary objections, merits, reparations and costs. Judgment of March 15, 2018. Series C No. 353, para. 27.
18
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Preliminary objections. Judgment of November 23, 2004.
Series C No. 118, para. 84, and Case of Herzog et al. v. Brazil, supra, para. 28.
16
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