IMPUNIDADE COMO CONSEQUÊNCIA DA OMISSÃOESTATAL: ANÁLISE DO CASO MÁRCIA BARBOSA DESOUZA E OUTROS VS. BRASIL PERANTE A CORTEINTERAMERICANA DE DIREITOS HUMANOS

Abstract

This paper analyzes state omission as a determining factor for impunity in cases ofgender-based violence, based on the judgment of the case Márcia Barbosa de Souza v. Brazilby the Inter-American Court of Human Rights. The main objective is to demonstrate how thenegligence of Brazilian institutions compromised the victim’s and her family’s right of accessto justice, constituting an autonomous violation of human rights. The relevance of this studylies in the persistent institutional revictimization of women in Brazil and the urgent need toensure the effectiveness of international protection standards. The research adopts aqualitative methodology, with a deductive approach and documentary analysis based oninternational treaties, national legislation, jurisprudence of the Inter-American Court, reportsfrom the Inter-American Commission on Human Rights, and official documents such as CNJprotocols and the National Guidelines for the Investigation of Femicide. The results show thatthe improper application of parliamentary immunity, judicial delays, the use of genderstereotypes, and the failure to comply with the reparations ordered by the Court reveal astructural pattern of state omission. It concludes that the Brazilian State, by failing to act withdue diligence, not only denies protection but also assumes the role of a reproducer ofviolence, perpetuating impunity and compromising the dignity of victims and their families.Key- Worlds: Márcia Barbosa de Souza Case; Gender-based Violence; State Omission;Access to Justice; Inter-American Human Rights System.