expert witness Soraia Mendes pointed out that, of the 12 witnesses who testified, seven knew
Ms. Barbosa de Souza, all of them were asked about her possible use of drugs, and two were
asked about her sexuality.255
148. According to the expert witness Soraia Mendes, the repetition of testimonial evidence
sought to construct an image of Márcia Barbosa in order to cast doubt on the criminal
responsibility of the then deputy for her homicide.256 Mendes stressed that not only were the
witnesses questioned about the facts, but also about the social behavior, personality and
sexuality of Márcia Barbosa, which would indicate an “investigation of the victim, her behavior,
her reputation. This is something that fills the pages of the newspapers and is projected even
more forcefully in the case file.”257
149. Similarly, during the criminal proceedings against Aércio Pereira de Lima before the
Jury Court, the defense attorney requested the inclusion in the case file of more than 150
pages of newspaper articles referring to prostitution, drug overdoses and alleged suicide (supra
para. 71), in order to link them to Márcia Barbosa with the intention of affecting her image. In
addition, during the proceedings the defense attorney made various references to the victim’s
sexual orientation, alleged drug addiction, suicidal behavior and depression.258 He also
described Márcia as a “prostitute” and Aércio as “a family man and father” who was “seduced
by the charms of a young woman” and who, in a moment of rage, had “made a mistake.” 259
150. Therefore, the Court concludes that the investigation and the criminal proceedings for
the events related to the homicide of Márcia Barbosa de Souza had a gender-discriminatory
character and were not conducted with a gender perspective in accordance with the special
obligations established by the Convention of Belém do Pará. The State did not adopt measures
aimed at ensuring material equality in the right of access to justice with respect to cases related
to violence against women, to the detriment of the next of kin of Márcia Barbosa de Souza.
This situation implies that, in the instant case, the right of access to justice without
discrimination was not guaranteed, along with the right to equality.
B.5
Conclusion
151. By virtue of what has been stated throughout this chapter, the Court finds that the
State of Brazil violated the rights to judicial guarantees, to equality before the law and to
judicial protection established in Articles 8(1), 24 and 25 of the American Convention, in
relation to Articles 1(1) and 2 of said treaty, as well as the obligations set forth in Article 7(b)
of the Convention of Belem do Para, to the detriment of Mrs. M.B.S. and Mr. S.R.S.
Cf. Expert opinion of Soraia da Rosa Mendes, supra (evidence file, folio 10428).
Cf. Expert opinion of Soraia da Rosa Mendes, supra (evidence file, folio 10422 and 10424).
257
Expert opinion of Soraia da Rosa Mendes, supra (evidence file, folio 10444).
258
Cf. Amicus curiae brief presented by the Human Rights and Environmental Law Clinic of the University of the
State of Amazonas, supra (evidence file, folios 675 and 676).
259
Cf. Amicus curiae brief presented by the Human Rights and Environmental Law Clinic of the University of the
State of Amazonas, supra (evidence file, folio 676).
255
256
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