indicated that he had already taken sufficient steps, expressly stating that he could not carry
out all the procedures requested by the Public Prosecutor’s Office.162Subsequently, in April
2001, the Public Prosecutor’s Office left a note in the investigation file to the Commissioner in
charge of the case, warning him that he could be committing the crime of disobedience if he
did not fully comply, within 30 days, with the procedures previously requested.163 In June164
and August165 2001, the Public Prosecutor’s Office again asked the police authority to comply
fully with the inquiries ordered previously.
86.
In September of 2001, the Commissioner in charge of the investigations reported that,
due to the backlog of work, he had not completed the procedures required by the Public
Prosecutor’s Office.166 Thus, in December 2001, the Public Prosecutor’s Office again requested
the aforementioned procedures.167 In March 2002, the Commissioner again reported that it
was not possible to proceed with the actions required due to the backlog of work caused by
lack of personnel and the lack of vehicles in working order. 168 Likewise, in December 2002, the
Commissioner stated that he had been unable to complete the procedures ordered.169
87.
In March 2003, the Public Prosecutor’s Office recommended the dismissal of the case
due to insufficient evidence,170 which was ordered by the judge.171
VIII
MERITS
88.
The case sub judice concerns the murder of Márcia Barbosa de Souza, of which the then
state deputy Aércio Pereira de Lima was accused, and the alleged international responsibility
of Brazil for the violation of the right of access to justice of the mother and father of Márcia
Barbosa de Souza, as well as the obligation to investigate this crime with the required strict
due diligence and within a reasonable time. Although the facts related to the homicide are not
within the Court’s temporal jurisdiction, the Court finds that it is plausible that the homicide of
Ms. Barbosa de Souza was committed for gender reasons, especially because of the
asymmetrical situation of economic and political power with respect to her male aggressor, as
well as the way in which her body was found 172- in a vacant lot - with traces of sand, which
indicated that she had possibly been dragged, with signs of having been beaten, abrasions on
her forehead, nose and lips, bruises distributed on her face and her back and with marks
showing that she had been subjected to a compressive action on her neck (supra para. 68).
of Deputy Aércio Pereira de Lima and M.C.C.S. to clarify the large number of calls that both made to the congressman
between June 17 and 18; and the cross-examination of U.M.S. to see if he had additional information on the people
who had helped the then deputy to remove Márcia’s body from inside the Trevo Motel. Cf. Statement of the Public
Prosecutor’s Office of March 8, 2001, (evidence file, folios 258 to 260).
162
Cf. Statement of the Police Commissioner of April 2, 2001 (evidence file, folios 5594 to 5595).
163
Cf. Statement of the Public Prosecutor’s Office of April 23, 2001 (evidence file, folio 262).
164
Cf. Statement of the Public Prosecutor’s Office of June 28, 2001 (evidence file, folio 263).
165
Cf. Statement of the Public Prosecutor’s Office of August 22, 2001 (evidence file, folio 264).
166
Cf. Statement of the Police Commissioner of September 27, 2001 (evidence file, folio 265).
167
Cf. Statement of the Public Prosecutor’s Office of December 28, 2001 (evidence file, folio 266).
168
Cf. Statement of the Police Commissioner of March 11, 2002 (evidence file, folio 5805).
169
Cf. Statement of the Police Commissioner of December 12, 2002 (evidence file, folio 5808).
170
Cf. Written opinion of the Public Prosecutor’s Office of March 12, 2003 (evidence file, folios 279 to 280).
171
Cf. Decision of the judge issued on March 18, 2003 (evidence file, folios 5825 and 5826). According to Article
18 of the Brazilian Code of Criminal Procedure, “[a]fter the judicial authority orders the dismissal of the investigation,
[…] the police authority may conduct further investigations, if it learns of other evidence”.
172
Cf. Case of Véliz Franco et al. v. Guatemala. Preliminary objections, merits, reparations and costs. Judgment
of May 19, 2014. Series C No. 277, para. 178.
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