43.
This Court deems it pertinent to admit the statements provided by affidavit34 and during
the public hearing35 insofar as they are in-keeping with the purpose defined by the President
of the Court in the order that required them and with the purpose of this case.
44.
The Court notes that, although its admissibility was not challenged, the expert opinion
of Soraia da Rosa Mendes, proposed by the representatives of the alleged victims, was not
rendered by affidavit; however, it was authenticated by means of the “QR code” digital
signature system. At the time of its presentation, the representatives explained that it was not
possible for a notary to authenticate the expert’s signature due to the situation caused by the
COVID-19 pandemic. The Court considers that this justification is reasonable and is based on
reasons of force majeure.36 Consequently, it admits the expert opinion of Mrs. Rosa Mendes
insofar as it is in-keeping with the purpose defined by the President in the Order of November
27, 2020.
VII
FACTS
45.
In this chapter, the Court will establish the facts of the case based on the factual
framework submitted to the Court by the Inter-American Commission, the arguments
presented by the parties and the evidence, as follows: A) the context of violence against women
in Brazil; B) the relevant regulatory framework; C) the homicide of Márcia Barbosa de Souza,
and D) the domestic proceedings.
46.
The facts prior to the date of ratification of the Court’s contentious jurisdiction by Brazil
(December 10, 1998) are included merely as part of the context and background of the case37
to facilitate the understanding of what happened and the analysis of the alleged human rights
violations. Thus, the Court deems it pertinent to clarify that the facts related to the murder of
Márcia Barbosa de Souza and some of the first investigative acts are outside the Court’s
jurisdictional competence.
A.
47.
The context of violence against women in Brazil
Violence against women in Brazil was, at the time of the facts of this case - and
The Court received the statements of the following persons: M.B.S, statement rendered by affidavit on January
8, 2021 (evidence file, folios 10170 to 10174), accompanied by a video presented to the Court on January 14, 2021
(evidence file, video archive); Mt.B.S., statement rendered by affidavit on January 8, 2021 (evidence file, folios 10178
to 10182), accompanied by a video presented to the Court on January 14, 2021 (evidence file, video file); Luiz
Albuquerque Couto, statement rendered by affidavit on January 7, 2021 (evidence file, folios 10187 to 10191); Wânia
Pasinato, expert opinion rendered by affidavit on January 12, 2021 (evidence file, folios 10193 to 10333); Gilberta
Santos Soares, expert psychosocial opinion rendered by affidavit on December 18, 2020 (evidence file, folios 10335
to 10358); Javier Hernández García, expert opinion rendered by affidavit on December 20, 2020 (evidence file, folios
10379 to 10395); Edvaldo Fernandes da Silva, expert opinion rendered by affidavit on January 14, 2021 (evidence
file, folios 10480 to 10504); Geraldine Grace da Fonseca da Justa, statement rendered by affidavit on January 14,
2021 (evidence file, folios 10505 to 10515); Daniel Sarmento, expert opinion rendered by affidavit on January 14,
2021 (evidence file, folios 10127 to 10167), and Soraia da Rosa Mendes, expert opinion rendered on January 14, 2021
(evidence file, folios 10397 to 10478).
35
The Court received the statements of Valquíria Alencar, Melina Fachin, Henrique Marques Ribeiro and Carmen
Hein of Campos at the public hearing held in this case.
36
See, statement of April 9, 2020, of the Inter-American Court, “Covid-19 and Human Rights: the problems
and challenges must be addressed with a human rights perspective and respecting international obligations.” Available
at: https://www.Courtidh.or.cr/tablas/alerta/comunicado/cp-27-2020.html.
37
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs. Judgment of March 1, 2005.
Series C No. 120, para. 27, and Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus and their
Families v. Brazil, supra, para. 55.
34
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