84
the expenses incurred as a consequence of the events in the instant case. 151 In this
regard, the Court will set an amount as damages intended to compensate for the
monetary consequences of the violations established in this Judgment. In order to
render a decision concerning pecuniary damage, the Court will take into account the
arguments of the parties, the body of evidence and the case law of the Court.
B.1.
Lost Earnings
221. The representatives and the Commission requested the Court to award Mr.
Damião Ximenes-Lopes a compensation for lost earnings.
222. It has been proved that Mr. Damião Ximenes-Lopes’ only source of income at
the time of his death was a disability pension from the National Institute of Social
Security. Pursuant to Section 3 of Law No. 8,212/9, as a result of the death of the
beneficiary of the pension benefit, his dependent became entitled to receive it. In the
instant case and pursuant to the law, the State keeps the entirety of the death
pension for the benefit of Albertina-Viana-Lopes, considered as Mr. Damião-XimenesLopes’ dependent (supra para. 112(68)).
223. Based on the foregoing, and in view of the characteristics of such pension, the
amount received on that account has not been reduced, so this Court considers that
it is inadmissible to order compensation for lost earnings for Mr. Damião XimenesLopes.
224. In addition, the representatives argued that Irene Ximenes-Lopes-Miranda,
victim’s sister, had left her job at the Ipueiras Municipality as a result of his brother’s
death, and consequently they requested the Court to set the amount of USD
41,850.00 (forty-one thousand, eight hundred and fifty United States dollars) as
compensation to be paid to said lady for lost of earnings,
225. In view of the arguments of the representatives, this Court considers that
there is sufficient evidence to conclude that Irene Ximenes-Lopes-Miranda ceased to
receive earnings for some time as she was unable to work due to her brother’s
death. Therefore, this Court deems it appropriate to set, on equitable grounds, the
amount of USD 10,000.00 (ten thousand United States dollars), as compensation to
be paid to her for the monetary damages sustained.
B.2)
Compensatory Damage
226. Alter analyzing the information received by the parties, the facts of the case
and its own case law, the Court points out that, even though no receipts were
submitted for the expenses, it can be presumed that the relatives of Damião
Ximenes-Lopes incurred several funeral expenses, 152 and expenses incurred as a
result of the transfer of the victim’s body from the city of Sobral to the city of
Fortaleza for the autopsy examination. As a consequence, the Court deems it
appropriate to set, on equitable grounds, the amount of USD 1,500.00 (one
thousand United States dollars) as compensation for compensatory damages, which
shall be paid to Albertina Viana-Lopes.
151
Cf. Case of Baldeón-García, supra note 4, para. 183; Case of Sawhoyamaxa Indigenous
Community, supra note4 para. 216; and Case of Acevedo Jaramillo et al., supra note 4, para. 301.
152
Cf. Case of Gómez Paquiyauri Brothers, supra note 108, para. 207.