3
justice had been done, and I have been looking for justice for six
years. (...) Now my soul can rest, I haven’t left my brother’s death
unpunished, I claim for justice."166
This Judgment rendered by the Inter-American Court, to be duly fulfilled by the
Brazilian State, vindicates her suffering and satisfies her thirst for justice. It also
reveals the relevance of international jurisdiction in our days.
7.
Electra’s and Irene’s stories are totally different, and they took place in times
separated by centuries. Nevertheless, they present the tragedy of human condition
as a common element, before the persistence of indifference and cruelty, stressed in
the treatment of the more vulnerable ones, and also the desperate and despairing
search for justice (then private, today public). They unfold the inscrutable presence
of tragedy in the mysteries around life, which some have tried to simplify
characterizing it as fate. Human suffering hopelessly continues to be a sad trace of
human condition along the centuries. With particular foresight, Sophocles warned,
already in the V Century B.C., in his Oedipus the King167, that we must never say
that someone is happy until the time he has overcome the extreme limit of a
painless life.
8.
And the evolution from private justice (of the antique Greek) to public justice
(of the “modern” and “post-modern”) seems to progress unfinished, acquiring a
mainly ritualistic feature, contaminated by the erosion and “outsourcing” of the
public services and by a merely formalist justice.
To this we must add the
regrettable transformation of public assets as health and education into goods.
Damião Ximenes-Lopes had a violent death when he was entrusted to the public
social “services” and when he was confined to a “resting” home, the one in
Guararapes.
9.
The violent death of defenseless Damião, who was looking for medical
treatment, had a devastating effect in the life not only of his sister Irene, but also in
the life of his next of kin. According to Irene’s account before the Court, Cosme,
Damião´s twin brother, considering the proximity of the bond with the victimized
brother, “was in shock” when he learned about Damião´s death. However, she
added, “until today Cosme does not know the details of the torture and the violence;
we omitted them because that would cause too much suffering to him and we
wanted to preserve his health.”168 In other words, he was duly preserved from the
truth, which under certain circumstances proves to be necessary, as the tragedy of
knowledge of the human condition may be sometimes unbearable, mainly for those
more vulnerable or sensitive.
10.
The mother’s life was “completely ruined”, she is always remembering the
death of her son Damião, “until today she is depressed and says that she wants to
die.”169 Mother and father were already separated, but they have preserved the
family bonds of affection with the children; the father, immersed in “deep suffering”
166
.
Ibid., p. 28, and regarding the liability of the State, cf. p. 32.
167
.
In the piercing final phrase - verses 1529-1530.
168
.
Inter-American Court of Human Rights, Transcript of Public Hearing..., op. cit. supra n. (3), p. 27.
169
.
Ibid., p. 28.