201. Consequently, the Court deems it pertinent to order the State to adopt and implement a
national protocol that establishes clear and uniform criteria for the investigation of femicides.
This instrument should conform to the guidelines established in the Latin American Model
Protocol for the investigation of gender-based violent deaths of women, and to the case law of
this Court. The protocol should be aimed at justice administration personnel who, in some way,
intervene in the investigation and processing of cases of violent deaths of women. In addition,
it should be incorporated into the work of these officials through resolutions and internal rules
that require its application by all State officials.
202. The State shall comply with the measure provided for in this section within two years
from notification of this judgment.
E.1
Regulation of parliamentary immunity
203. In Chapter VIII of this judgment, the Court considered that the application of
parliamentary immunity by the Legislative Assembly of the state of Paraíba derived from a
deficient regulatory framework and an arbitrary decision and resulted in the violation of the
right of access to justice of the mother and father of Márcia Barbosa de Souza (supra paras.
122 and 123).
204. As mentioned previously, the constitutional provision that provided for parliamentary
immunity at the time of the facts was amended through Constitutional Amendment 35 of 2001.
Said legislation was not applied in the present case nor was it analyzed in this judgment.
Nevertheless, the Court deems it pertinent to recall that the different State authorities are
obliged to exercise ex officio a control of conventionality between domestic norms and the
American Convention, evidently within the framework of their respective competencies and the
corresponding procedural regulations. In this task, the domestic authorities must take into
account not only the treaty, but also the interpretation made of it by the Inter-American Court
as the final interpreter of the Convention. Thus, in the event of a possible dispute on the
application of parliamentary immunity, with the consequent suspension of criminal proceedings
against a member of a legislative body, under the terms of Article 53 of the Brazilian
Constitution, the respective chamber shall ensure that the application and interpretation of
domestic law is in accordance with the criteria established in this judgment, in order to
safeguard the right of access to justice. This will not be supervised by the Court.
E.2
Other guarantees of non-repetition requested
205. The Court considers that this judgment, as well as the other measures ordered, are
sufficient and adequate to remedy the violations suffered by the victims. Therefore, it does not
consider it necessary to order the additional guarantees of non-repetition requested by the
representatives.296
F.
Compensation
F.1
Pecuniary and non-pecuniary damage
The other measures requested (supra para. 184) were: i) measures to address violence against women, in
particular, to ensure the existence of entities to manage public policies for women with a specific focus on situations
related to the cycle of violence, killings of women and femicides, taking into account the disproportionate impact on
black and brown women and the social impact of gender-based violence and femicides; ii) measures to implement a
gender education program for basic and higher education levels, iii) measures to ensure the existence of institutions
capable of overseeing the application of public policies for women, with a focus on violence, homicides of women and
femicide.
296
-55-
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos