Brazil (2000), Inter-America Commission on Human Rights

Brazil (2000), Inter-America Commission on Human Rights

Maria da Penha v. Brazil
Case 12.051, Report No. 54/01, OEA/Ser.L/V/II.111 Doc. 20 rev. at 704 (2000)

This case was a landmark decision in terms of the IACHR hearing an individual complaint of human rights violations. The Court concluded that Brazil had violated the appellant’s right to a fair trial and judicial protection. The Court recommended prompt compensation for the victim, and the adoption of measures at the national level to eliminate tolerance by the state of domestic violence against women.

“A general pattern of negligence and lack of effective action by the State in prosecuting and convicting aggressors... creates a climate that is conducive to domestic violence, since society sees no evidence of willingness by the State, as the representative of the society, to take effective action to sanction such acts… The Federative Republic of Brazil is responsible for violation of the right to a fair trial and judicial protection, guaranteed in Articles 8 and 25 of the American Convention.” (Quoted form Original Judgment)

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