UMA ANÁLISE DO CASO OLIVERA FUENTES VS. PERU A PARTIR DO DIREITO ANTIDISCRIMINATÓRIO

Abstract

The present study aims to analyze the sentence in the case of Olivera Fuentes vs. Peru, submitted to the Inter-American Court of Human Rights (IACHR) and decided on February 4, 2023. This case, emblematic for involving an episode of discrimination based on sexual orientation that occurred in a supermarket café, raises important discussions about the responsibility of companies and the State in guaranteeing human rights. To achieve this objective, qualitative research was conducted, employing content analysis techniques with the aid of Iramuteq software to examine the IACHR's decision. The theoretical framework was anti-discrimination law, with contributions from authors such as Adilson José Moreira. The research results reveal a central conflict in the parties' arguments regarding the responsibility of the State and the role of the company in redressing the damages caused by discrimination. Furthermore, the analysis highlights the need for individual reparation to be accompanied by broader measures aimed at preventing new cases of rights violations. The sentence, by recognizing the responsibility of the Peruvian State, emphasizes the importance of state action in protecting the rights of the LGBT+ community and holding companies accountable for discriminatory acts.