27
67.26. On March 11, 2002, the parents of Gilson Nogueira de Carvalho, in their capacity as
third-party plaintiffs in the charge, lodged a special motion and an extraordinary remedy
requesting that they be granted standing to appeal; they also asked that the ruling to
change the venue for the jury trial be declared null because it was not based on concrete,
objective grounds and because neither they nor the Office of the Public Prosecutor in the
jurisdiction of origin had been notified or given the opportunity to state their position on the
request for transfer. On April 30, 2002, the State Court of Rio Grande do Norte refused to
grant these motions, confirming that the appellants had no procedural standing.43
67.27. On May 2, 2002, the Office of the Public Prosecutor of the State of Rio Grande do
Norte asked that a statement made by Angélica da Silva Campelino be added to the court
files of the criminal procedure; in this statement, she had claimed to know a person who
knew that Otávio Ernesto Moreira and “Jorge Abafador” had taken part on the murder of
Gilson Nogueira de Carvalho. On May 20 and 23, 2002, the parents of Gilson Nogueira de
Carvalho, in their capacity as third-party plaintiffs to the charges, reiterated the request of
the Office of the Public Prosecutor and asked that copies of the investigation files on the
death of Antônio Lopes, known as Carla, be added to the court files.44
67.28. On May 10 and 31, 2002, the parents of Gilson Nogueira de Carvalho, in their
capacity as third-party plaintiffs in the charges, filed appeals∗ to challenge the decision by
which the court had refused to admit either the special motion or the extraordinary remedy
because of lack of procedural standing (supra paras. 67.26), and a collateral motion on the
merits, in which they claimed absolute nullification of the transfer of venue for the jury trial
and stressed the need for the trial to take place in the city where the events had occurred,
where the population was familiar with the grave nature of the homicide.45
67.29. On June 3, 2002, the parents of Gilson Nogueira de Carvalho filed a motion asking
for postponement of Otávio Ernesto Moreira's jury trial, as the motions on the transfer of
venue for holding the trial were pending analysis.46
67.30. On June 4, 2002, the Office of the Public Prosecutor ruled on a request by the
defense team of the accused to add a note to the court files of the procedure challenging an
43
Cf. special motion and extraordinary remedy lodged by Jaurídice Nogueira de Carvalho and Geraldo Cruz
de Carvalho on March 11, 2002 (file of appendixes to the response to the application, Appendix 1, Volume 6, folios
4990 through 5015 and 5051 through 5076); and ruling on admissibility by the President of the State Court of Rio
Grande do Norte on April 30, 2002 (file of appendixes to the response to the application, Appendix 1, Volume 6,
folios 5102 and 5103).
44
Cf. writ of the Office of the Public Prosecutor, April 26, 2002 (file of appendixes to the response to the
application, Appendix 1, Volume 6, folio 4819); testimony given by Angélica da Silva Campelino (file of appendixes
to the response to the application, Appendix 1, Volume 6, folios 4820 through 4824); and writs submitted by
Jaurídice Nogueira de Carvalho and Geraldo Cruz de Carvalho on May 20 and 23, 2002 (file of appendixes to the
response to the application, Appendix 1, Volume 6, folios 4841 and 4855).
∗
In the Portuguese version of this Judgment, agravos de instrumento.
45
Cf. motions filed by Jaurídice Nogueira de Carvalho and Geraldo Cruz de Carvalho, May 10, 2002 (file of
appendixes to the response to the application, Appendix 1, Volume 6, folio 4873 through 4894 and 4895 through
4915); and motion filed by Jaurídice Nogueira de Carvalho and Geraldo Cruz de Carvalho, May 31, 2002 (file of
appendixes to the response to the application, Appendix 1, Volume 6, folios 4865 through 4868).
46
Cf. motion lodged by Jaurídice Nogueira de Carvalho and Geraldo Cruz de Carvalho, June 3, 2002 (file of
appendixes to the response to the application, Appendix 1, Volume 6, folios 4869 and 4870).