THE CORUMBIARA CASE

SUMARIES
[police Investigation] - [accusation] - [preliminary defense] - [final alegations - accusation, defense] - [sentence of pronounce] - [resource in strict sense of accusation, of defense, sentence of trial of superior tribunal (acórdão) of the resource in strict sense] [lbill of indictment] - [request for change de jurisdction, sentence of trial of superior tribunal (acórdão) of the request for change jurisdction]

The State Public Ministry, in its final allegations said:

"On August 09, 1995, on the Santa Elina Farm, in the municipal district of Corumbiara-RO, in this Judicial District of Colorado do Oeste-RO, in the evacuation event of an area of land invaded by a third party, there was resistance and a confront took place, with arrests, excess of violence by the military police and the leaders of the invaders, resulting in the death of eleven people. After being arrested by members of the military police the invaders were confined to a solitary place, with the occurrence of cruel and unnecessary punishment against them.

On the imputation:

1. The defendants, Cícero Pereira Leite Neto, Adelino Ramos, Claudenir Gilberto Ramos and José Fernando da Silva (invaders):
Weighing against these accused persons are, the imputations of qualified homicide, corporal lesions, disobedience, resistance, illegal constraint, private jailing, gang and illegal possession of firearms.
"... The testimonial proof gathered during the police and judicial phases does not leave any doubt as to the responsibility of the crimes. All the depositions are unisons in the sense of incriminating the defendants."
The materiality is established through the depositions rendered in the judicial process. The responsibilities were made evidently clear during the criminal instruction.
Having proven the materiality of the crime and against all the defendants and with certainty of the responsibilities, the Public Ministry requests that they be charged and be tried by the eminent Tribunal of Popular Jury of this Judicial District of Colorado do Oeste and condemned to the penalties in article 121, 2nd paragraph, item IV (twelve times), in the determinations of articles 69 and 29 of Penal Code, as well as for the related crimes of resistance, the formation of an armed gang and private jailing (arts. 148, 288, single paragraph and 329), all of the Penal Code."
There is, in the final allegations against the military policemen, the following narrative, in synthesis:
"...After the taking of the camp, the members of the military force saw themselves before a group of impotent invaders who were now before their vigilantes. Inexplicably, the military police began a session of violence and humiliation against said invaders. It is worthwhile to remember that until then no deaths had occurred among the invaders or the "security guards". A group of policemen, among them two official, Lieutenants José Hélio Cysneiros Pachá and Mauro Ronaldo Flores Corrêa, made a human shield and they headed toward the center of the resistance that continued shooting at the troop, forcing the shooters to cease fire, doing so without worry for the risk of civilian lives...

Imputation:

The responsibilities were made evidently clear during the criminal instruction. Having proven the materiality of the crime and against both defendants with the sure knowledge of the responsibility, the Public Ministry expects the defendants to be charged so that they be tried by the distinguished Tribunal of Popular Jury of this Judicial District of Colorado do Oeste and condemned to the penalties prescribed for such crimes, to be known:

1. The denounced José Ventura Pereira and Vitório Regis Mena Mendes, incurred in the sanctions of article 121, § 2nd, IV, 10 times, jointly with articles 29 and 69, all of the Penal Code, in relation to the victims Ari Pinheiro dos Santos, Alcindo Correia da Silva, Ênio Rocha Borges, Ercilio Oliveira de Campos, José Marcondes da Silva, Nelci Ferreira, Odilon Feliciano, Vanessa dos Santos Silva, an unknown person, identified in the judicial process as H05, and Sérgio Rodrigues Gomes.

2. The denounced Agenor Francisco de Carvalho, Paulo Cézar de Figueiredo, José Hélio Cysneiro Pachá, José Rubens Taborda, Paulo Sérgio Vieira Gonçalves, Juarez Marconatto, José Roberto Soares da Silva, Amélio Virote Serpa and Mauro Ronaldo Flores Correia, as incurred in the sanctions of article 121, § 2nd, IV, 09 times, jointly with articles 29 and 69, all of the Penal Code.

3. Claudenilson Alves, Luiz Carlos de Almeida, Daniel da Silva Furtado, José Emílio da Silva Evangelista, Vilson Luiz Pedon, Luiz Carlos Fernandes, Airton Ramos de Moraes and Moisés de Oliveira Lima, as incurred in the sanctions of article 121, § 2nd, item IV, jointly with art. 29, three times, all of the Penal Code, in relation to the victims João Marcondes da Silva, also known as "Raiban", Ercílio Oliveira de Campos, also known as "Marrozinho", and a person of the male sex, identified in the judicial process as H05.

4. Geraldo João Rodrigues, as incurred in the sanctions of article 121, § 2nd, IV, jointly with art. 14, II, of the Penal Code, against the victim Moacir Camargo."