PROTEÇÃO DEFICIENTE DAS VÍTIMAS DE CRIMES NO BRASIL: CORTE INTERAMERICANA DE DIREITOS HUMANOS, CONTROLE DE CONVENCIONALIDADE E INSTITUIÇÕES DE GARANTIAS

Abstract

Domestically, the 1988 Federal Constitution guarantees fundamental rights and guarantees, with human dignity and equality as structuring factors. Internationally, the prevalence of human rights guides the actions of the Brazilian State. With Brazil's adherence to the American Convention on Human Rights and the Inter-American System of Human Rights (IACHR), the State has a duty to conform its actions to conventional parameters. From this perspective, the 1988 Federal Constitution and the American Convention on Human Rights constitute the normative benchmarks for human protection, at both the constitutional and conventional levels. Adopting a qualitative methodology of documentary analysis, this study examined the 13 (thirteen) judgments imposed on Brazil by the Inter-American Court of Human Rights (IACHR) between 2006 and 2024, in cases that evidenced state failures in protecting victims of crimes. The analysis revealed a recurrence of condemnatory grounds related to investigative deficiencies, procedural delays, and insufficient judicial protection, resulting in the imposition of obligations to improve investigations, criminal prosecution, and judicial response. Thus, a pattern of deficient protection of crime victims by the Brazilian State was observed. In light of Luigi Ferrajoli's doctrine, which understands the Public Prosecutor's Office and the Judiciary as institutions of guarantees, it is argued that these bodies, in exercising control of conventionality, must act effectively to prevent state omissions and ensure adequate protection of the fundamental rights of crime victims, without prejudice to the guarantees inherent to the accused.