66 178. In relation to the application of the principle of proportionality made by the State, amongst the various measures adopted as a guarantee of non-repetition so as to comply with Article 1(1) of the American Convention and the principle of legality enshrined in Article 9 of the same treaty (supra para. 132), the Court positively values the numerous measures of reparation and non-repetition adopted by Brazil, which will be discussed in the chapter on reparations in the present Judgment. While these measures are important, they are not sufficient given that they have failed in providing access to justice for the next of kin of the victims. In this regard, the Court notes that in applying the principle of proportionality, the State has omitted any mention of victims' rights arising under Articles 8 and 25 of the American Convention. Indeed, said proportionality is made between the State’s obligations to respect and guarantee and the principle of legality, but the right to judicial guarantees [fair trial] and judicial protection of the victims and their next of kin are not included in the analysis, which have been sacrificed in the most extreme way in the present case. 179. In addition, regarding the alleged offense to the principle of legality and retroactivity, the Court has already noted (supra paras. 110 and 121) that enforced disappearance is a crime of a continuous and permanent nature, and its effects do not stop until the whereabouts or location of the victim are determined and the victim’s identity established, hence the effects of the internationally unlawful act in question continue occurring. Therefore, the Court finds that, at any rate, there would be no retroactive application of the crime of enforced disappearance, given that the facts of the present case, that are left in impunity by the application of the Amnesty Law, go beyond the temporal scope of said norm because of the continuing or permanent nature of enforced disappearance. 180. Based on the previous considerations, the Inter-American Court concludes that given the interpretation and the application it has given to the Amnesty Law, which lacks legal effects regarding serious human rights violations, in the abovementioned terms (particularly, supra paras. 171 to 175), Brazil has not complied with its obligation to properly conform its domestic law with the Convention, contained in Article 2 thereof, in relation with Articles 8(1), 25, and 1(1) of the same treaty. In addition, the Court concludes that because of the failure to investigate the facts, as well as the prosecution and punishment of those responsible, the State violated the rights to judicial guarantees [fair trial] and judicial protection enshrined in Articles 8(1) and 25(1) of the American Convention, in relation with Articles 1(1) and 2 of the same, to the detriment of the following next of kin of the victims: Zélia Eustáquio Fonseca, Alzira Costa Reis, Victória Lavínia Grabois Olímpio, Criméia Alice Schmidt de Almeida, João Carlos Schmidt de Almeida, Luiza Monteiro Teixeira, João Lino da Costa, Benedita Pinto Castro, Odila Mendes Pereira, José Pereira, Luiza Gurjão Farias, Junília Soares Santana, Antonio Pereira de Santana, Elza da Conceição Oliveira (or Elza Conceição Bastos), Viriato Augusto Oliveira, Maria Gomes dos Santos, Rosa Cabello Maria (or Rosa Olímpio Cabello), Igor Grabois Olímpio, Julia Gomes Lund, Carmem Navarro, Gerson Menezes Magalhães, Aminthas Aranha (or Aminthas Rodrigues Pereira), Julieta Petit da Silva, Ilma Hass, Osoria Calatrone, Clotildio Calatrone, Isaura de Souza Patricio, Joaquim Patricio, Elena Gibertini Castiglia, Jardilina Santos Moura, Joaquim Moura Paulino, José Vieira de Almeida, Acary V. de S. Garlippe, Dora Grabois, Agostim Grabois, Rosana Moura Momente, Maria Leonor Pereira Marques, Otilia Mendes Rodrigues, Francisco Alves Rodrigues, Celeste Durval Cordeiro, Luiz Durval Cordeiro, Aidinalva Dantas Batista, Elza Pereira Coqueiro, Odete Afonso Costa, Angela Harkavy, José Dalmo Ribeiro Ribas, Maria Eliana de Castro Pinheiro, Roberto Valadão, Diva Soares Santana, Getúlio Soares Santana, Dilma Santana Miranda, Dinorá Santana Rodrigues, Dirceneide Soares Santana, Terezinha Souza Amorim, Aldo Creder Corrêa, Helenalda Resende de Souza Nazareth, Helenice Resende de Souza Nazareth, Helenilda