THE CORUMBIARA CASE

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[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]

PRELIMINARY DEFENSE - [concepts] [full]

The defendants, after becoming aware of the text of the accusation presented by the Public Ministry; made their preliminary defense, in the following terms:

1. The defendants José Ventura Pereira, Claudenilson Alves, Airton Ramos de Morais, Geraldo João Rodrigues, Daniel da Silva Furtado, José Emílio da Silva Evangelista, Vilson Luiz Pedon, Luiz Carlos Fernandes and Moisés de Oliveira Lima, all represented by the lawyer Mr. Carlos Eduardo Chaves Pietrobon, alleged that:
"The accusation is unfounded, since they did not commit the crime described therein, and they presented the list of witness. They requested the presentation of evidences by means of document and expertise investigation."

2. Cícero Pereira Leite, Adelino Ramos and Claudenir Gilberto Ramos, represented by the lawyer Mr. Raul Ribeiro da Fonseca Filho, declared: "…that they did not participate in the event as it was narrated in the accusation, and that the evidences registered in the records corroborate to this assertion, imposing at the end of the instruction of judiciary process, that the charges therefore be withdrawn. They enlisted witnesses."

3. Mauro Ronaldo Flores Correia:
"The accusation is untruthful and unjust, it does not express any kind of justice toward the accused, since the said has had nothing to do with the act of the infraction. The accused did not participate in the confrontation; he only remained on the spot to secure the locale."

4. Vitório Regis Mena Mendes:
"Disagrees with the respected accusation, the said being inept, incurring in the nullity pointed out in article 564, IV, of the Penal Code."
The crime is not configured, since the narrated crime was not accomplished. He presents a list of witnesses.

5. José Hélio Cysneiros Pachá:
"The accusation does not express any kind of justice toward the accused since the said person did not practice any penal infraction and much less took part in the damaging event, because he was only guarding the locale and the surrounding area."