measure of reparation that ensures adequate medical, psychological and/or psychiatric care
for the mother of Márcia Barbosa de Souza, taking into account her specific needs and
background.284 Consequently, this Court orders the State to pay a sum of money so that Mrs.
M.B.S. can cover the cost of any treatment that may be necessary. The amount will be defined
in the section on compensation (infra para. 212).
E.
Guarantees of non-repetition
183. The Commission requested that the Court order the State to adapt its domestic
regulatory framework to ensure that the immunity of high-ranking State officials, including
parliamentary immunity, is duly regulated and delimited for the purposes sought and that the
necessary safeguards are established in the law itself so that it does not become an obstacle
to the investigation of human rights violations; ensure that the decisions of the respective
bodies regarding the applicability of immunity of high-level officials in specific cases are duly
justified; and continue to adopt all necessary measures to fully comply with the Maria da Penha
Law and to adopt all legislative, administrative and public policy measures to prevent,
investigate and punish violence against women in Brazil.
184. The representatives asked the Court to order the State of Brazil to: i) adopt legislative
measures to ensure that parliamentary immunity is not an obstacle to the investigation of
serious human rights violations and access to justice; ii) adopt measures to address violence
against women and, in particular, guarantee the existence of bodies that manage public policies
for women with a specific focus on situations related to the cycle of violence, murders of women
and femicides, taking into account the disproportionate impact on black and brown women and
the social impact of gender-based violence and femicides; iii) implement a gender education
program for basic and higher education levels and for public officials responsible for addressing
violence and administering justice; iv) ensure that the institutions responsible for
investigations, prosecutions and punishment implement international standards such as the
case law of the Inter-American Court and the Latin American Model Protocol for the
investigation of gender-related killings of women, as well as the national guidelines for the
investigation of femicides; v) ensure, with transparency, access to official data on the violent
deaths registered as femicides that generated criminal proceedings, so that the data is
disaggregated by age, race, social class, profile of the victim, location of the event, profile of
the aggressor, relationship with the victim, means and methods used, among other variables,
that allow for a quantitative and qualitative analysis, vi) ensure the existence of institutions
capable of overseeing the application of these policies with a focus on violence, homicide of
women and femicide.
185. The State pointed out that it has already adapted its regulatory framework regarding
parliamentary immunity, which would have facilitated the processing of the criminal action that
culminated in the conviction of the main defendant. Therefore, it argued that there is no
regulatory gap that should be corrected. It indicated that, in addition to being inappropriate,
an eventual conviction of this nature would imply a judgment of abstract unconstitutionality of
Brazilian norms, which would only be appropriate in the exercise of the Court's advisory
jurisdiction. With respect to public policies aimed at addressing violence against women, the
State pointed out that it has been working on the development of regulatory frameworks on
this issue, and therefore the representatives’ request would be unnecessary. It added that the
State should be guaranteed leeway in the formulation of its public policies, so that political
choices are not imposed on it.
Cf. Case of Barrios Altos v. Peru. Reparations and costs. Judgment of November 30, 2001. Series C No. 87,
paras. 42 and 45, and Case of Guerrero, Molina et al. v. Venezuela, supra, para. 172.
284
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