Maria da Penha Maia Fernandes v. Brazil

Case 12.051, Inter-Am. Comm’n H.R., Report No. 54/01, OEA/Ser. L./V/II.111, doc. 20 rev. at 704 (2000)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Maria da Penha Maia Fernandes v. Brazil

Inter-American Commission on Human Rights
Case 12.051, Inter-Am. Comm’n H.R., Report No. 54/01, OEA/Ser. L./V/II.111, doc. 20 rev. at 704 (2000)

Facts

María da Penha Maia Fernandes (plaintiff) was a victim of domestic violence throughout her marriage to her husband, Marco Antônio Heredia Viveiros. In 1983 Viveiros attempted to murder Fernandes by shooting her in her sleep, which left her suffering from paraplegia and other conditions. Fernandes needed numerous surgeries. Fernandes alleged that when she returned home from the hospital two weeks after the attack, Viveiros tried to electrocute her while she was showering. Fifteen years after the attack, the justice system in Brazil (defendant) had still not entered a final ruling against Viveiros. Fernandes alleged that her case represented a pattern of and practice in Brazil of condoning and tolerating domestic violence. Brazil had a pattern and practice of nonaction related to domestic violence. Statistics indicated that only 2 percent of the perpetrators of domestic abuse were convicted. However, Brazil had taken some positive steps. Brazil had: (1) set up special police stations to take complaints regarding violence toward women, (2) set up shelters for victims of abuse, and (3) struck down the honor defense used to justify wife killing. Unfortunately, these measures had limited implementation and essentially no effect. Fernandes filed a complaint, alleging that Brazil was in violation of equal protection and judicial protection under the American Convention on Human Rights. Also, Fernandes alleged a violation of the Convention of Belém do Pará, which protected rights such as a woman’s right to: (1) live without violence, (2) have her life and personal dignity respected, (3) have equal protection of the law, and (4) have prompt judicial recourse for violations of her rights. Fernandes asserted that Brazil had failed to prevent or punish domestic violence. Brazil did not respond to requests for information from the Inter-American Commission on Human Rights (the commission).

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 745,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 745,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 745,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership