Conviction

PART III: CONVICTION WITHOUT SENTENCE
How human rights violations happen in this case

Juliana and IBEPAC reported that the Brazilian State used methods of psychological torture, evidencing a form of lawfare—the strategic use of the legal system to harm adversaries. This manifests in repeated and prolonged actions intended to psychologically exhaust the victim.

Aspects	Description of the Violation	Legal Basis	Commentary
Intimidation through successive processes	The opening of multiple investigations and administrative processes was described as a strategy of intimidation and psychological exhaustion ([inicial oea], [DEFESA BRASIL 1555239], [MANIFESTAÇÃO DEFESA BRA…]).	Articles 5 and 6 of the Inter-American Convention to Prevent and Punish Torture	The repeated use of processes to create a situation of continuous stress constitutes a form of psychological torture.
Denial of basic rights and unequal treatment	Juliana was discriminated against for being a human rights activist who denounced irregular practices being treated unequally compared to other interim appointees ([inicial oea]).	Articles 5.2 and 24 of the ACHR	Discrimination and unequal treatment contradict the principles of dignity and equality.
Failures in investigation and state omission	The Brazilian State did not adequately investigate the allegations of psychological torture and discrimination, reinforcing the accusation of omission ([MANIFESTAÇÃO DEFESA BRA…]).	Articles 8, 24, and 25 of the ACHR	The omission of the duty to investigate constitutes an additional violation of the victim’s rights.

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We want to highlight instruments for improving democracy and preserving the Democratic State of Law, often violated by actors who use #lawfare as a method of diffuse and deadly warfare against citizens, the collectivity, the enterprises, the people and the developing nations.
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