Inter-American Standards about the Enforced Disappearances of Persons and their possible application in the case of the Chacina de Acari

Abstract

The practice of enforced disappearance of persons, according to Inter-American standards, is delimited as a continuous and multi-offensive crime, in which the State has the duty to investigate the facts and to punish those responsible. However, the unresolved case of the Chacina de Acari and the subsequent submission of the action for consideration by the Inter-American Court of Human Rights, underscores the disregard on the part of the Brazilian State with yet another situation of enforced disappearance in the country. In view of this, it is sought to answer the question: based on the Inter-American standards on enforced disappearance of persons, what to expect from the future decision of the Inter-American Court in the Case of Leite de Souza et al v. Brazil? In this sense, the general objective of the research is to identify Inter-American standards on enforced disappearance of persons capable of being applied to the Case of Leite de Souza, especially with regard to the interpretative and procedural standards used by the Inter-American Court in judgments of similar circumstances. For this purpose, the following specific objectives are delimited: a) understand the reality of the practice of enforced disappearance in Brazilian territory; b) verify the jurisprudence of the Inter-American Court on the enforced disappearance of persons; and c) examine the case of the Chacina de Acari. From these objectives, the research is designed by a qualitative approach with sources of document analysis, through the bibliographic review of legislation, jurisprudence, doctrines and articles related to the theme. In effect, the study establishes the need for a firm condemnation of Brazil's persistently omissive and conniving position with circumstances of enforced disappearance of persons occurred in the country.