great complexity, given that based on the police investigation, there was sufficient evidence to
initiate the process. It indicated that parliamentary immunity was the main cause of the delay,
but that other delays caused by the State authorities also contributed. Thus, it concluded that
the State violated the guarantee of reasonable time.
93.
With regard to due diligence in the investigation of other possible perpetrators, the
Commission noted that the police report of July 21, 1998, did not specify the acts that
constituted the crimes of the then state deputy and the four other suspects. It alleged that not
all the evidence was examined - without any justification in this regard- in order to determine
responsibility, and that the investigation was closed through lack of evidence. Thus, it
concluded that the State failed in its duty to investigate with due diligence.
94.
In addition, the Commission determined the separate violation of Article 7 of the Belém
do Pará Convention. It considered that the impunity of the then state deputy was an act of
tolerance on the part of the State and argued that this was not reflected exclusively in this
case, but rather in a systematic manner. It added that “it is a tolerance of the entire system,
which only perpetuates the roots and the psychological, social and historical factors that
perpetuate and feed violence against women.”179 It concluded that the State failed in its
obligation to prevent, investigate and punish violence against women.
95.
The representatives alleged that, after the recognition of the Court’s contentious
jurisdiction, the State carried out certain actions and omissions that violated the rights of
Márcia Barbosa de Souza and her next of kin. They specified that the State violated the rights
to judicial guarantees and judicial protection by a) preventing the investigation of Mr. Pereira
de Lima’s responsibility through the mechanism of parliamentary immunity, which resulted in
a delay in the criminal proceedings, which meant that the then deputy was never punished for
the facts; b) failing to investigate all the suspects, even though there were indications of their
involvement; and c) unjustifiably delaying the processing of the investigations. They also
pointed out that parliamentary immunity in this case did not respect the principles of
reasonableness and proportionality and its application ended up violating the rights of access
to justice and judicial guarantees of the alleged victims. They argued that, despite multiple
indications of the involvement of the then deputy Aércio Pereira de Lima in the murder of
Márcia Barbosa de Souza, and despite the absence of political motivation behind the
accusation, parliamentary immunity was applied to acts of the utmost gravity, without
respecting due process and without providing grounds for that decision. They emphasized that,
taking into account that the crime in this case is femicide, no exclusion of responsibility should
be applicable. They also pointed out that the procedure established in Brazilian law for
authorizing the prosecution of the then deputy was not respected.
96.
The representatives also alleged the violation of Article 7 of the Convention of Belém
do Pará in relation to Articles 8 and 25 of the American Convention. In this regard, they argued
that, taking into account that the case sub judice concerns the murder of a young woman and
involves the participation of a high-ranking State official, the authorities should have acted
with special diligence and that this duty was further reinforced by the special obligations
deriving from the Convention of Belém do Pará.
97.
The State denied any violation of Articles 8 and 25 of the American Convention and
Article 7 of the Convention of Belém do Pará, since it considered that it had provided adequate
and effective remedies for the protection of the rights allegedly violated, regarding which the
regular procedure was followed in the domestic jurisdiction. It emphasized that there were no
State acts intended to prevent access to these remedies or any undue delay in their processing.
179
IACHR. Merits Report No. 54/01, supra, para. 55.
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