WEAKNESSES OF THE JUSTICE SYSTEM HIGHLIGHTED BY THE MÁRCIA BARBOSA CASE AND THE NECESSARY GUARANTEE OF HUMAN RIGHTS

Abstract

The Inter-American System for the Protection of Human Rights (IAPDH) is responsible, among other functions, for safeguarding women's rights. In the Márcia Barbosa case, the Inter-American Court of Human Rights condemned Brazil for serious violation of several provisions of the American Convention on Human Rights (ACHR) and the Convention of Belém do Pará, to which it is a signatory and which protect guarantees for women. It turns out that the IASPDH was also a human rights violator when it took more than 21 years to condemn Brazil in the case. In the face of this flagrant violation of human rights, it has become disturbing to unravel the fact in order to ascertain the public policies that may prove capable of remedying the deficiencies observed. To this end, it was necessary to understand the position of women in society, the achievements achieved at the inter-American level, and only then to enter into the Márcia Barbosa de Souza case and observe its specificities and investigate the possible causes of the treatment given to it by the Brazilian State and the IAPHR. To this end, the deductive method was used, based on ex-post facto bibliographic research, in a qualitative-quantitative approach. In this scenario, it was considered essential the control of conventionality by the Brazilian State, as well as the existence of female and black representation in the leadership positions of the three Powers and the composition of the IAPD.