It added that the police investigation was carried out quickly and efficiently, using legal means
to determine the conduct of the suspects. The State argued that it had offered an effective
judicial response to the facts considered to be violations of the rights of Márcia Barbosa’s next
of kin, inasmuch as the then deputy Aércio Pereira de Lima was convicted in September 2007,
but did not serve his sentence only due to his death in February of 2008, which was an event
beyond its control. As for the other defendants, it alleged that there was a diligent
investigation, but that the prosecutor in charge of the case understood that there was
insufficient evidence of their participation, so he requested that the police investigation file be
closed due to lack of evidence. It affirmed that the mechanism of parliamentary immunity was
not used in order to unreasonably obstruct or delay the investigation. It indicated that the
amendment of the constitutional provision in 2001, related to parliamentary immunity, is fully
consistent with Article 2 of the American Convention and, therefore, the State adapted its
domestic laws on this matter within a reasonable time. It explained that procedural
parliamentary immunity merely implies the suspension of the determination of responsibility
for a possible crime until the conclusion of the electoral mandate or the granting of
authorization by the corresponding Parliamentary Chamber, and that, during that period, the
statute of limitations of the crime is also suspended. Regarding the matter of reasonable time,
it pointed out that the judicial procedure for intentional crimes against life is more complex.
and therefore takes a little longer. In this regard, it argued that, in the present case, said
procedure was duly observed and that all procedural guarantees were respected. Thus, the
criminal action followed its regular course within a reasonable period. It further argued that
there is no information to the effect that the representatives or the alleged victims have
questioned the legitimacy of the criminal proceedings before the domestic judicial or
administrative courts.
B.
Considerations of the Court
98.
Taking into consideration the arguments presented by the parties and the Commission,
as well as the facts of the case and the evidence in the case file, the Court will now refer to:
1) the alleged wrongful application of parliamentary immunity; 2) the alleged lack of due
diligence in the investigation of the other suspects; 3) the alleged violation of the guarantee
of reasonable time; 4) the alleged use of gender stereotypes in the investigations; and 5)
conclusion.
B.1
The alleged wrongful application of parliamentary immunity
99.
Bearing in mind that this is the first time that this Court will analyze the application of
parliamentary immunity within the framework of the right of access to justice and the
reinforced obligation to investigate with due diligence, it is pertinent to make some general
observations on the aforementioned mechanism and then examine its application in this
specific case.
a. Concept and regulation of parliamentary immunity
100.
Parliamentary immunity is a mechanism designed to guarantee the independence of
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