Judgement of the interamerican court of human rights in the case Julia Gomes Lund and others against the federative republic of Brazil

Abstract

The Brazilian transition into a democracy did not comply with all the requirements imposed by the transitional justice, once it has not considered the victims’ rights by not establishing the truth of the facts and ignored the necessity to impute responsibility and punish the state agents who were responsible for gross human rights violations during the military dictatorship. Th e adopted policy is antagonic to the democratic ideals that guide the nation, not matching with the prioritization of the human rights protection. In this scenario of impunity the relatives of the “Guerrilha do Araguaia” victims, counting with the assistance of human rights organizations, stood up against the State negligence and took the controversy to an international court in order to impute responsibility to Brazil for the disappearance of their beloveds. Th is article aims to analyze the decision made by the Inter-American Court of Human Rights in this specifi c case, studying its main aspects. Th erefore, the Inter-American System of Human Rights Protection way of acting was analyzed, as well as the case’s historical background was introduced, from the institution of the autocratic regime until the following governments. To conclude, the importance of the recognition of the State’s responsibility was exalted as the best way to overcome the atrocities from the past with dignity, respecting the victims’ rights, as well as to consolidate the State’s compromise with the eff ective human rights protection.