191. In addition, in 2012, the CEDAW Committee expressed concern about the lack of
accurate and consistent data on violence against women in Brazil.289 Similarly, the
Parliamentary Commission of Inquiry of the Brazilian Federal Senate, created in 2012 to
facilitate the implementation of the Maria da Penha Law, also identified, in 2016, the difficulty
of collecting data on the situation of violence against women in the country given the existence
of different databases: from the police, from different health entities, from the justice sector,
and also at different levels.290
192. Article 38 of the Maria da Penha Law establishes the requirement to include statistics
on domestic and intra-family violence based on data from the bodies of the justice and security
systems.291 From the evidence in the case file, this precept has not been observed. In this
regard, the expert Henrique Marques Ribeiro pointed out that this regulatory provision has not
been implemented in practice.292
193. Taking into account all of the above, the Court considers that it is necessary to collect
comprehensive information on the various forms of gender-based violence in order to assess
the real magnitude of this phenomenon and, by virtue of this, to formulate the relevant public
policies and design strategies to prevent and eradicate further acts of violence and
discrimination against women. Therefore, the Court orders the State to design within one year,
and implement, within three years, through the relevant federal public agency, a national and
centralized system for the collection of data disaggregated by age, race, social class, victim
profile, place of occurrence, profile of the aggressor, relationship with the victim, means and
methods used, among other variables, that allow for the quantitative and qualitative analysis
of acts of violence against women and, in particular, violent deaths of women. In addition, the
number of cases that were effectively prosecuted should be specified, identifying the number
of indictments, convictions and acquittals. This information should be disseminated annually
by the State through the corresponding report and be made accessible to the population in
general. The identity of the victims must also be protected. To this end, the State shall submit
an annual report to the Court for three years after the implementation of the data collection
system, indicating the actions that have been taken in that regard.293
E.2
Implementation of training and awareness-raising programs
194. In Chapter VIII of this judgment, the Court concluded that the State did not act with
due diligence in the investigation of the other possible participants in the murder of Márcia
Barbosa de Souza (supra para. 133) and that the investigation and criminal proceedings were
discriminatory in nature, due to the use of gender stereotypes, thus violating the right of access
to justice of the next of kin of Mrs. Barbosa de Souza (supra para. 150).
Cf. UN, CEDAW Committee. Concluding observations of the Committee on the Elimination of Discrimination
against Women - Brazil. Doc. CEDAW/C/BRA/CO/7. March 23, 2012, para. 18.
290
Cf. Expert opinion rendered by Henrique Marques Ribeiro, supra. In his statement at the hearing the expert
witness Henrique Marques Ribeiro mentioned that the Senate recently approved a draft bill for a national data policy
or policies regarding domestic violence, which contemplates the development of a new system to integrate the data
and different services for women in situations of violence.
291
Article 38 of Law N. 11.340 of August 7, 2006. Available at: http://www.planalto.gov.br/ccivil_03/_ato20042006/2006/lei/l11340.htm. Also, the Committee of Experts of the Follow-up Mechanism to the Belém do Pará
Convention (MESECVI) recommends that all States Parties “develop data banks, research, and statistics that enable
them to assess the magnitude and problems of femicide in their countries and to monitor State progress and setbacks
in this regard.” Cf. OAS, Committee of Experts of the Follow-up Mechanism to the Belém do Pará Convention
(MESECVI), Declaration on Femicide, OAS/Ser.L/II.7.10, MESECVI/CEVI/DEC. 1/08, August 15, 2008 Available at:
https://www.oas.org/es/mesecvi/docs/DeclaracionFemicide-ES.pdf.
292
Cf. Expert opinion of Henrique Marques Ribeiro, supra.
293
Cf. Case of Azul Rojas Marín et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment
of March 12, 2020. Series C No. 402, para. 252, and Case of Vicky Hernández et al. v. Honduras, supra, para. 179.
289
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