Combate à tortura e proteção contra violência de gênero: estudo do caso da penitenciária Miguel Castro e Castro

Abstract

The Interamerican protection system on Human Rights is an autonomous judicial organ that contributes with national and other international protection and promotion devices on human rights seeking the effectiveness of justice. Therefore ones must not only critically review the international treats in this topic, but also know the international jurisprudence related to human rights. This study aims to highlight interesting facts related to the Sentence on the case “Penal Miguel Castro y Castro”, in which Peruvian State was convicted by the massacre of inmates in the biggest prison of the capital Lima. In this case, as retaliation of terrorism public agents by the “Mudanza I” operation injured male and female prisioners. During this action, the police and the army violated several rights of the American Charter such as the right to life, right to physical integrity, right to judicial protection, right to protection against gender violence and other human rights. This research is pure, because it is grounded in doctrine, books, papers and it analysed official documents issued by the Interamerican Court on Human Rights. Through this study, it is possible to comprehend some relevant parts of this sentence to the jurisprudence by references to the procedure and the international treats used as ground to the decision.