The forced disappearance of Muniz da Silva and Brazil’s responsibility within the inter-American system

Abstract

Enforced disappearance, although universally recognized as a grave violation of human rights, remains a persistent reality in Brazil, disproportionately affecting human rights defenders in rural contexts. The disappearance of Almir Muniz da Silva in 2002 exemplifies the State’s failures in preventing, investigating, and prosecuting such violations, as well as its enduring neglect of land-related violence. Brought before the Inter-American Human Rights Protection System, the case resulted in Brazil’s condemnation by the Inter-American Court of Human Rights, revealing significant shortcomings in complying with the obligations established under the Inter-American Convention on Forced Disappearance of Persons. This study asks: how does the case Muniz da Silva vs. Brazil demonstrate the State’s failures in protecting human rights defenders against enforced disappearance under the Inter-American framework? To address this question, the research adopts a qualitative, exploratory, and analytical approach, grounded in documentary and normative analysis of international treaties, inter-American reports, official documents, and civil society contributions. The findings indicate that, although formally held internationally responsible, Brazil continues to face structural, political, and social obstacles to the full implementation of the Court’s judgment. These persistent challenges underscore the urgent need for structural reforms to guarantee non-repetition of violations and to strengthen democratic institutions, in line with Sustainable Development Goal 16 of the United Nations 2030 Agenda.