the course of the proceedings in order to participate in them and that they had hired attorneys. They
also requested that—because of the emotional impact caused, as well as the suffering, feelings of
powerlessness, and other emotional effects of the lack of justice—the State pay each of the alleged
victims an amount in equity set by the Court for non-pecuniary damage.
185. The State asserted that because it does not bear international responsibility for violating the
articles of the Convention, it should not have to compensate the alleged victims. It requested that if
it is declared responsible, the Court analyze the requested amount on the basis of evidence that is
“actually produced” and that is found in the case file.
186. In its case law, this Court has developed the concept that pecuniary damage supposes the
loss of, or detriment to, the victims’ income, the expenses incurred as a result of the events, and the
consequences of a pecuniary nature that have a causal nexus with the facts of the case. 264 This Court
has also established in its case law that non-pecuniary damage may include both the suffering and
affliction caused by the violation and also the impairment of values of great significance to the
individuals, as well as any alteration of a non-pecuniary character in the living conditions of the
victims or their families. 265 In addition, since it is not possible to assign a precise monetary equivalent
to non-pecuniary damage, it can only be compensated, for the purposes of comprehensive reparation
to the victims, by the payment of a sum of money or the delivery of goods or services with a monetary
value determined by the Court in reasonable application of sound judicial criteria and based on
equity. 266
187. With respect to pecuniary damage, the Court notes that despite the fact that no
documentation was provided for expenses, it can be assumed that the family of Gabriel Sales
Pimenta, especially his mother Maria da Glória Sales Pimenta and his brother Rafael Sales Pimenta,
incurred costs as a result of their participation in the petition for compensation for pain and suffering
(supra para. 70), the criminal trial (supra paras. 62–68), and the proceedings before the National
Council of Justice (supra para. 69). Accordingly, the Court hereby orders pecuniary damage
compensation in equity equivalent to USD 20,000.00 (twenty thousand United States dollars) for
Maria da Glória Sales Pimenta, which shall be paid to her heirs pursuant to the inheritance laws in
effect in Brazil, USD 30,000.00 (thirty thousand dollars) for Rafael Sales Pimenta, and
USD 10,000.00 (ten thousand dollars) for each of the other brothers of Gabriel Sales Pimenta. 267
188. Due to the circumstances of this case; the magnitude, nature, and seriousness of the
violations committed; the suffering described (supra paras. 126–133); and the length of time since
the crime was committed, the Court considers it appropriate to order the payment of compensation
for non-pecuniary damage to the family of Gabriel Sales Pimenta, which shall include compensation
for the impossibility of reopening the criminal investigation of the murder of Mr. Sales Pimenta. The
Court therefore orders, in equity, that the State pay compensation for non-pecuniary damage in the
amount of USD 50,000.00 (fifty thousand dollars) for Maria da Glória Sales Pimenta, USD 50,000.00
(fifty thousand dollars) for Geraldo Gomes Pimenta—both of which shall be paid to their heirs in
accordance with the inheritance laws in effect in Brazil—and USD 30,000.00 (thirty thousand dollars)
to each of Gabriel Sales Pimenta’s brothers 268 declared victims in this judgment (supra para. 139).
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No.
91, para. 43, and Case of Pavez Pavez v. Chile, supra para. 192.
264
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 Pavez Pavez v. Chile, supra para. 197.
265
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs, supra, para. 53, and Case of Pavez Pavez v. Chile,
supra para. 197.
266
267
The amount due to José Sales Pimenta shall be paid to his heirs according to the terms of the inheritance laws in
effect in Brazil.
268
The amount due to José Sales Pimenta shall be paid to his heirs according to the terms of the inheritance laws in
effect in Brazil.
48