view of the criteria established in its constant case law and the circumstances of the present
case, the Court deems it pertinent to establish in equity, for pecuniary and non-pecuniary
damage, the payment of USD$ 150,000.00 (one hundred and fifty thousand United States
dollars) in favor of each of the victims300 (infra para. 224). This includes the amount of
compensation related to the impossibility of reopening the criminal investigation of the other
possible participants in the homicide of Ms. Barbosa de Souza, as well as the amount to enable
Mrs. M.B.S. to cover the costs of the medical, psychological and/or psychiatric treatment that
may be necessary (supra para. 182).
213. The Court considers that the amounts determined in equity compensate and form part
of the integral reparation to the victims, taking into consideration the anguish and distress
they endured.301
G.
Costs and Expenses
214. The representatives asked the Court to order the State to pay the following amounts
for the costs and expenses incurred by the organizations that acted in defense of the alleged
victims: i) the sum of USD$ 20,475.11 (twenty thousand, four hundred and seventy-five United
States dollars and eleven cents) to the Center for Justice and International Law (CEJIL) and ii)
USD$ 14,715.73 (fourteen thousand, seven hundred and fifteen United States dollars and
seventy-three cents) to the Gabinete de Assessoria Jurídica às Organizações Populares
(GAJOP). The expenses incurred by CEJIL are divided as follows: i) USD$ 1,759.78 (one
thousand, seven hundred and fifty-nine United States dollars and seventy-eight cents) for
travel expenses (airline tickets, lodging, food and per diems); ii) USD$ 852.46 (eight hundred
and fifty-two United States dollars and forty-six cents) for photocopies; and iii) USD$
17,862.87 (seventeen thousand, eight hundred and sixty-two United States dollars and eightyseven cents) for fees. In turn, the expenses incurred by GAJOP are divided as follows: i) USD$
1,418.47 (one thousand, four hundred and eighteen United States dollars and forty-seven
cents) for travel expenses (airline tickets, lodging, food and per diems); ii) USD$ 38.80 (thirtyeight United States dollars and eighty cents) for photocopies; iii) USD$ 359.83 (three hundred
and fifty-nine United States dollars and eighty-three cents) for expenses for file material; and
iv) USD$ 12,898.63 (twelve thousand, eight hundred and ninety-eight United States dollars
and sixty-three cents) for fees. Finally, they requested that the Court determine in equity the
amount corresponding to costs and expenses due to GAJOP for its various trips to the city of
Cajazeiras to gather information on the health of Márcia Barbosa de Souza’s next of kin and
its various legal actions at the domestic level, including acting as assistant prosecutor in the
criminal proceeding against Mr. Aércio Pereira de Lima, given that, due to the passage of time,
they do not have receipts for such expenses.
215. The State asked the Court to take into account only reasonable and duly proven
expenses necessary for the representatives’ actions before the Inter-American System, when
considering the sum requested, as well as the documentation that proves it and the direct
relationship between the amount requested and the circumstances of the case. With regard to
the payment of the amounts indicated under the heading of “Fees”, in Annexes 7 (GAJOP) and
8 (CEJIL) to the final arguments of the representatives, it argued that these should not be
demanded from the State in the event of its eventual conviction by the Court, “under penalty
of violating the republican postulates of morality, economy, equality and legality, which guide
the expenditure of funds by the public administration. The State indicated that it is up to the
Considering that Márcia Barbosa de Souza’s father died in 2009, the amount of compensation corresponding
to him shall be delivered to his heirs, in accordance with Brazilian legislation.
301
Cf. Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus and their Families v. Brazil, supra,
para. 306.
300
-57-
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