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]

ACCUSATION - [concepts] [full]

The State Public Ministry, in its proposition of the accusation, divided it into groups, them being: civil, military, leaders of the invaders, as well as groups of the penal types practiced by the said accused persons.
The accusations offered were, in synthesis, in these terms:
It is registered in the police inquiry that in the middle of the month of July of 1995, there was a great invasion in the Santa Elina Farm, municipal district of Corumbiara, in the judiciary district of Colorado do Oeste.
Small land-tillers from the region of Vitória da União, Cerejeiras, Corumbiara and adjacent areas, were induced to do this invasion, because they would get a portion of land. Disillusioned by strong convincing power, those humble families of land-tillers, poverty stricken, gathered together and invaded the Santa Elina Farm. On arrival at the place, they noticed, much too late, that were tricked and deluded from their good faith. Instead of going to work on the earth in typical tasks, they were forced to the get rid of their documents and all their personal objects, to dig trenches, to manufacture homemade weapons, in fact, to get ready for a real war, something that they would never have imagined. Perceiving that they were tricked they wanted to return to their residences, they saw then that were prisoners and were maintained in a private jail by the truculent imposition of the "security guards."
To execute the judicial order of the evacuation of the area, a contingent of 194 military policemen was detached, under the command of Lieutenant-Colonel José Ventura Pereira and Captain Vitório Regis Mena Mendes. On approaching the camp, there was reaction from the part of the invaders who, to the orders and orientation of the leaders of the invasion, started to attack the police contingent, firing against them shots of firearms, home-made bombs and rockets, when they then wounded mortally the victims Lieutenant Rubens Fidélis Miranda and Welded Ronaldo de Souza. The military policemen, completely uncontrolled, after the subjugation of the invaders, exceeded their functions and they began a session of beating, torture, culminating in execution with shots at point-blank range.
It is reported that the farmers Antenor Duarte Valle and José de Paula Monteiro, in solidarity with the proprietor of the invaded farm, presented their "gunmen" who, strongly armed, participated in the beatings of the prisoners. The "gunmen", commanded by the manager, José de Paula Monteiro, removed the victim Sérgio Rodrigues Gomes from the place and they placed him inside a Toyota vehicle, taking him to a place at approximately 70 KM in distance, where they executed him with three shots at point-blank range, in the area of the head.
Before these facts, the denounced were:

1. Antenor Duarte do Valle and José de Paula Monteiro, in the sanctions of the article 121, § 2nd, items I and IV, jointly with 29, all of the Penal Code, in relation to the victim Sérgio Rodrigues Gomes.

2. Cícero Pereira Leite Neto, alias "topa-tudo"; Adelino Ramos, alias "Buriti"; Claudenir Gilberto Ramos, alias "pantera"(Panther) and José Fernandes da Silva, alias "Fernando da Gata"(Fernando of the Cat), in the sanctions of Articles 121, § 2nd, item IV, jointly with 29, of the Penal Code, twelve times, in relation to the victims Ari Pinheiro dos Santos, Alcindo Correia da Silva, Ênio Rocha Borges. Ercílio Oliveira de Campos, José Marcondes da Silva, Nelci Ferreira, Odilon Feliciano, Vanessa dos Santos Silva, a person of male sex, identified in the process as H05, Ronaldo de Souza and Rubens Fidélis de Miranda.

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

4. 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, item IV, nine times, jointly with 29 and 69, all of the Penal Code.

5.Geraldo João Rodrigues, in the sanctions of article 121, § 2nd, item IV, jointly with 14, item II, of the Penal Code. 6. Cícero Pereira Leite Neto, Adelino Ramos, Claudenir Gilberto Ramos and José Fernando da Silva, as incurred in the sanctions of articles 129, caput; 146, § 1st; 148, § 2nd; 288, Single Paragraph; 329; 330; jointly with art. 29 and 69, all of the Penal Code, as well as the article 19 of the Law 3.688/41, being applied in what is held in the devices of the Law 9.099/95.