THE CORUMBIARA CASE

RESOURCE IN STRICT SENSE - REASONS OF APPEAL  -  [concept] [full]

The State Public Ministry, not resigned to the sentence on the pronunciation, interposed this resource, which consists of these objectives:
a - to broach the imputation of the crimes inflicted to each of the nine military unpronounced;
b - to establish the imputation of the other six homicides to whom only three were pronounced, as in the relation of nine homicides listed above;
c - to establish the imputation of three homicides to whom only two were pronounced.
d - to seek imputation of the qualifying objectives of the crime against the victim Sérgio, by Major Ventura and the Captain Mena Mendes and, also the pronouncement in the other crimes described;
e - to reestablish the accusation against the defendant, invader Adelino, who was unpronounced and;
f - to make responsible for the deaths of the land-less who were in the locale, the two other invaders and not only the policemen.
After bringing parts of affidavits to the collation, extensive jurisprudence of the Natives Courts and the best doctrine on the theme, finally requested the partial reforming of the sentence promulgated and trial of all those pronounced before the Court of Jury, as is synthesized below:
1. To impute all the denounced military defendants the crimes committed against the victims who died during the operation, in the exact terms described in the accusation, to be known: the denounced José Ventura Pereira e Vitorio Regis Mena Mendes, incurred in the sanctions of article 121, § 2nd, item 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, Ercílio Oliveira de Campos, José Marcondes da Silva, Nelci Ferreira, Odilon Feliciano, Vanessa dos Santos Silva, Sérgio Rodrigues Gomes and the victim identified as "HO5.
Also, 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, item IV, 09 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, Enio Rocha Borges, Ercílio Oliveira de Campos, José Marcondes da Silva, Nelci Ferreira, Odilon Feliciano, Vanessa dos Santos Silva, and an unknown person, identified in the judicial process as H05.
As well as, Daniel da Silva Furtado, José Emílio da Silva Evangelista, 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 José Marcondes da Silva, also known as "Raiban", Ercilio Oliveira Campos, also known as "Marrozinho" and a person of the male sex, identified in the judicial process as H05.
2. To bring to trial Major José Ventura and Captain Vitório Regis Mena Mendes also for, apart from the nine crimes of qualified homicides imputed to them, in relation to the victim Sérgio Rodrigues Gomes, a qualified homicide of objective circumstances.
3. To make responsible the invaders Cícero Pereira Leite Neto, Adelino Ramos and Claudemir Gilberto Ramos for 12 qualified homicides, for the death of civil and military victims, as well as for the related crimes imputed to them, such as their conduct as specified in the accusation of the Public Ministry of the State of Rondônia, to be known:
Cícero Pereira Leite Neto, Adelino Ramos and Claudemir Gilberto Ramos, as incurred in the sanctions of article 121, § 2nd, item IV (for 12 times), in the terms of articles 69 and 29 of the CP, as well as the related crimes of resistance, formation of an armed gang and private jailing (arts. 148, 288, single paragraph and art. 329), all of the Penal Code.