53
the only dependant of Mr. Damião Ximenes-Lopes. The
Instituto Nacional de Seguridad Social (National Institute of
Albertina Viana-Lopes became entitled is, as of the date of
(three hundred and fifty Brazilian Reales).103 This pension
the cause and circumstances surrounding the death.
pension benefit from the
Social Security) to which
this Judgment, BRL350.00
is awarded irrespective of
112.69.
On June 16, 2004, by the unilateral decision of the Legislative
Assembly, the sate of Ceará enacted Law No. 13,491, which granted “in favor of
Albertina Viana-Lopes, mother of Mr. Damião Ximenes-Lopes, who died at Casa de
Reposo Guararapes (Guararapes Rest Home), in the city of Sobral, state of Ceará, on
October 4, 1999,” a monthly life pension, equal to the minimum wage in the state
of Ceará, linked to the annual general index applicable to state servants, and which,
as of May 2006, was BRL323.40 (three hundred, twenty-three Brazilian Reales and
forty cents).104
J)
Next of kin of Mr. Damião Ximenes-Lopes
112(70)
Albertina Viana-Lopes and Irene Ximenes-Lopes Miranda, mother and
sister of Mr. Damião Ximenes-Lopes respectively have suffered physical and
psychological distress as a result of the alleged victim’s death. Mrs. Albertina VianaLopes has suffered depression and health problems, such as nervous gastritis and
duodenal ulcer. Irene Ximenes-Lopes Miranda suffered from depression for over
three years. After the death of his brother, she stopped breastfeeding her newborn
daughter. She stopped working and did not complete her employment contract,
which expired on December 31, 2004. In the quest for justice she embarked on
before judicial authorities and human rights bodies as a result of the events giving
rise to this case, she has constantly suffered and relived the circumstances
surrounding the death of Mr. Damião Ximenes-Lopes and has had to be away from
her family for extended periods of time.105
112(71)
Francisco Leopoldino Lopes and Cosme Ximenes-Lopes, father and
brother of Mr. Damião Ximenes-Lopes respectively have suffered as a result of the
alleged victim’s death. Mr. Francisco Leopoldino Lopes maintained family ties with
103
Cf. letter of benefit award from the Instituto Nacional de Previsión Social (National Institute of
Social Security) addressed to Albertina Viana-Lopes, dated November 21, 1999 (record of appendixes to
the answer to the application, appendix II, pages 2348 and 2349).
104
Cf. Law No. 13.491 of June 16, 2004 (record of proceedings before the Commission, volume I,
page 359); and life pension payment slips of Albertina Viana-Lopes issued by the state of Ceará - printed
from the Internet- on June 21, 2006 (record of evidence to facilitate adjudication of the case, pages 3706
to 3721). The amount of the pension benefit according to the most recent “payment slip” of May 2006
submitted by the State is BRL323.40 (three hundred, twenty-three Brazilian Reales and forty cents) and
the total amount to be paid is BRL416.00 (four hundred and sixteen Brazilian Reales) because it includes a
“remunerative component” of BRL92.60 (ninety-two Brazilian Reales and sixty cents).
105
Cf. statement made by Irene Ximenes-Lopes Miranda during the public hearing held before the
Inter-American Court on November 30, 2005, supra note 38; complaint filed by Albertina Viana-Lopes
with the Coordinadora Municipal de Control, Evaluación y Auditoría de la Secretaría de Salud y Asistencia
Social (Control, Evaluation and Audit Municipal Coordinator for the Health and Social Services Bureau) on
October 13, 1999, supra note 49; report prepared by psychiatrist Lidia Días-Costa, at the request of Irene
Ximenes-Lopes Miranda, submitted on December 14, 2002, supra note 38; and report on the
Administrative Investigation prepared at the request of the Coordinadora Municipal de Control, Evaluación
y Auditoría de la Secretaría de Salud y Asistencia Social (Control, Evaluation and Audit Municipal
Coordinator for the Health and Social Services Bureau), issued on February 18, 2000, supra note 38.