206. In this section the Court will analyze the pecuniary and non-pecuniary damages
together.
207. The Commission requested that the Court order the State of Brazil to adopt measures
of financial compensation and satisfaction for moral damage.
208. The representatives requested that the Court order the State to pay the alleged
victims an amount for pecuniary damage, determined in equity by the Court. They pointed out
that, during the nearly twenty years since the murder of Márcia Barbosa de Souza, her next of
kin had incurred various expenses related to travel to the city of João Pessoa to participate in
meetings and public hearings before the Legislative Assembly, loss of work days, etc. In
addition, they requested that, by virtue of the violations committed, the suffering caused, as
well as the other non-pecuniary consequences suffered owing to the lack of justice and denial
of the truth, the State pay the alleged victims an amount, to be determined in equity by the
Court, for non-pecuniary damages.
209. The State argued that, since it has not committed any human rights violation related
to the facts of this case, there is no reason for the Court to establish pecuniary and nonpecuniary damages. It further argued that the determination of such payment would be
inappropriate since the representatives have not made use of domestic remedies to demand
the reparation in question. It indicated that, in the event that the Court determines its
international responsibility for violation of Articles 8 and 25 of the American Convention due to
an alleged violation of the obligation to investigate, prosecute and punish, the Court's judgment
itself should be sufficient to repair the possible damage, so that the State should not be ordered
to pay any compensation for non-pecuniary damage. It added that the possible non-pecuniary
damage could not be examined superficially, based solely on the representatives’ allegations,
but according to the evidence actually presented by them.
210. The Court has developed the concept of pecuniary damage in its case law and has
established that this supposes “the loss of, or detriment to, the victims’ income, the expenses
incurred as a result of the facts and the consequences of a pecuniary nature that have a causal
link with the facts of the case.297
211. The Court has also developed in its case law the concept of non-pecuniary damage and
has established that this “may include both the suffering and afflictions caused to the direct
victim and his family by the violation and impairment of values of great significance for the
individual, as well as any alteration of a non-pecuniary nature in the living conditions of the
victims or their next of kin.298 Given that it is not possible to allocate a precise monetary
equivalent to the non-pecuniary damage, this can only be compensated by payment of a sum
of money determined by the Court in application of sound judicial criteria and in equity.299
212. The Court notes that the representatives have not requested specific amounts nor have
they provided specific elements to assess the damage suffered. Nevertheless, this Court
understands that, given the nature of the facts and violations determined in this judgment, the
victims have suffered pecuniary and non-pecuniary damage that must be compensated. In
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series
C No. 91, para. 43, and Case of Garzón Guzmán et al. v. Ecuador, supra, para. 130.
298
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment of
May 26, 2001. Series C No. 77, para. 84, and Case of Garzón Guzmán et al. v. Ecuador, supra, para. 132.
299
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No.
88, para. 53, and Case of Grijalva Bueno v. Ecuador. Preliminary objection, merits, reparations and costs. Judgment
of June 3, 2021. Series C No. 426, para. 191.
297
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