International obligations and violation of victims’ rights

Abstract

This paper aims to analyze the degree of compliance by the Federative Republic of Brazil with the constitutional commitments assumed under the Inter-American Convention on Human Rights (Pact of San José, Costa Rica), particularly regarding the protection of victims’ fundamental rights. It examines whether Brazil has effectively observed the positive obligations arising from this treaty, whose incorporation into the domestic legal order grants it a supralegal status and imposes concrete duties of respect, guarantee, and reparation. The research also investigates how the decisions of the Inter-American Court of Human Rights have exposed structural failures in fulfilling these duties, especially concerning ineffective investigations, procedural delays, and the lack of adequate redress for victims and their families. Through the analysis of paradigmatic cases — such as Ximenes Lopes, Gomes Lund (Araguaia Guerrilla), and Barbosa de Souza — the study demonstrates that the international condemnations imposed on Brazil stem from the State’s inefficiency in ensuring justice and protection, thus constituting violations not only of its international obligations but also of the constitutional principles of human dignity and the effectiveness of fundamental rights.