THE CORUMBIARA CASE

SENTENCE OF TRIAL OF SUPERIOR TRIBUNAL (ACÓRDÃO) OF THE RECOURSE IN STRICT SENSE -  [concepts] [full]

The Public Ministry of State of Rondônia interposed this recourse for all the charged defendants. All the pronounced defendants appealed, in their turn, with the objective of obtaining withdrawal of the charges; and the Public Ministry, in its turn, appealed in relation to the cases or to the defendants for which the accusations were accepted entirely, thr accusation.

Before the produced report, generated by the eminent Judge of Appeal Mr. Antônio Cândido and, of the divergent votes consigned in records, the eminent Criminal Camera of this Court, decided:

"Jury. Invasion by land-less. Homicides. Pronunciation. Presupposition/evidencies

1. They are causes or causes concomitant for the effect of the penal responsibility and the charges for the actions of land-less leadership that, beginning with the organization, invasion and resistance, they propitiated the occurrence of a massacre, with several deaths, and they competed for the homicide of military policemen that participated in the operation of evacuation of the invaded area.

2. Military officials, commandants of platoons and/or of the operation for the evacuation of invaded lands, simply for the one fact of commanding and without demonstration of any individualized act having to do with the occurrence of deaths, ever by omission, should not be reached by the charges, due to the absence of the inherent indication to the authorship, that cannot be confused with deduction and/or mere presumptions.

3. Having safe indications of omission of the commandant-chief of the operation of evacuation of the invaded farm, in preserving the physical integrity of the invaders who had already been detained under the care of the military police and that after being removed from the place where he was maintained under guard was found dead in a river in the vicinity, the charges should be maintained.

4. Participation evidenced by proof of expertise investigation or by confessions of the same denounced ones (some official and soldiers), in thesis, characterizing competition to the resultant death of the victim, it is imperative that the charges be maintained.

5. Persisting doubt of having been accidental the shooting of a machine gun carried by a military policeman, that ended up reaching one of the civilians participants of the movement of the invasion of lands, that had already been detained, the charge is maintained, submitting the accused to the Popular Jury, the natural judge in the cases of deceitful crimes against life."

And in consequence, granting recourse by the Public Ministry is refused in relation to Cícero Pereira Leite, Claudemir Gilberto Ramos, Agenor Francisco de Carvalho, Paulo Cézar de Figueiredo, José Rubens Taborda, Paulo Sérgio Vieira Gonçalves, Juarez Marconatto, José Roberto Soares da Silva, Aurélio Virote Serpa, Mauro Ronaldo Flores Correia, José Hélio Cysneiros Pachá, José Ventura Pereira and Vitorio Régio Mena Mendes, by unanimous decision.

To partially provide recourses to Daniel da Silva Furtado and José Emílio da Silva Evangelista , in the terms of the vote of the Recorder, unanimously; and to deny granting recourse to the Public Ministry in relation to Adelino Ramos, by majority vote the Recorder being defeated.

To unanimously deny granting recourses to Cícero Pereira Leite, Claudenir Gilberto Ramos, Mauro Ronaldo Flores Correia, José Hélio Cysneiro Pachá, Claudenilson Alves, Vilson Luiz Pedon, Luiz Carlos Fernandes, Airton Ramos de Moraes, Moisés Oliveira Lima, Daniel da Silva Furtado, Geraldo João Rodrigues and José Emílio da Silva Evangelista.

To provide, by unanimity, in the terms of the vote of the Recorder, the resource of Luiz Carlos de Almeida.

To refuse providing recourses to José Ventura Pereira and Régio Mena Mendes, by majority vote, the Recorder being defeated.