domestic laws to the provisions of this instrument in order to guarantee the rights it
contains,508 which means that measures under domestic law must be effective (effet utile).509
410. Similarly, this Court has understood that this adaptation involves the adoption of
measures of two types: (i) to eliminate norms and practices of any nature that entail a
violation of the guarantees established in the Convention or that do not recognize the rights
established therein or that impede their exercise, which means that the norm or practice that
violates the Convention must be modified, derogated or annulled, or amended, as
appropriate,510 and (ii) to enact laws and implement practices leading to the effective
observance of the said guarantees.511
411. In this case, the Court underscores that the 1997 action against Raimundo Alves de
Rocha and Antônio Alves Vieira concluded with the prescription of the punishment for the
wrongful acts they were charged with: reduction to a condition similar to that of a slave (art.
149), violation of freedom of work (art. 197.1) and illegal recruitment of workers from one
part of national territory to another (art. 207).
412. The Court has already indicated that, in criminal matters, prescription determines the
extinguishment of the punishment owing to the passage of time and, in general, limits the
State’s punitive power to prosecute the wrongful act and to punish its authors. This is a
guarantee that should be duly observed by the judge in the case of anyone accused of a
crime. However, prescription of the criminal proceedings is inadmissible when international
law stipulates this. In this case, slavery is considered a crime under international law and its
prohibition is of a jus cogens nature (supra para. 249). The Court has also indicated that it
is not admissible to cite procedural mechanisms such as prescription or the statute of
limitations to avoid the obligation to investigation and punish such crimes. 512 For the State
to satisfy the obligation to adequately ensure different rights protected by the Convention,
including the right of access to justice, it must comply with its duty to investigate, prosecute,
punish, as appropriate, and make reparation for the facts. To achieve this objective, the State
must observe due process and guarantee, among other matters, the principle of a reasonable
time, effective remedies, and execution of the sentence. 513
413. The Court has already established that: (i) slavery and similar conditions constitute a
crime under international law, and (ii) its prohibition by international law is a norm of jus
cogens (supra para. 249). Therefore, the Court considers that the application of the statute
of limitations to the crimes of subjection to slavery and similar conditions is incompatible
with the Brazilian State’s obligation to adapt its domestic law to international standards. In
this case, the prescription constituted an obstacle to the investigation of the facts, the
determination and punishment of those responsible and reparation to the victims, despite
the nature of the facts denounced as a crime under international law.
iii)
508
Alleged discrimination in access to justice
Cf. Case of Garrido and Baigorria. Reparations and costs, para. 68 and Case of Maldonado Ordoñez, para. 111.
Cf. Case of Ivcher Bronstein. Jurisdiction. Judgment of September 24, 1999. Series C No. 54, para. 37, and Case
of Maldonado Ordoñez, para. 111.
509
Cf. Case of Zambrano Vélez et al. v. Ecuador. Merits, reparations and costs. Judgment of July 4, 2007. Series C
No. 166, para. 56, and Case of Maldonado Ordoñez, para. 111.
510
511
Cf. Case of Zambrano Vélez et al., para. 56, and Case of Maldonado Ordoñez, para. 111.
Cf. Case of Barrios Altos v. Peru. Merits. Judgment of March 14, 2001. Series C No. 75, para. 41; Case of
Almonacid Arellano, para. 110.
512
Case of the La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of May 11, 2007. Series
C No. 163, para. 193.
513
101