23
4.553/02, and No. 5.584/05, and the fundamental constitutional
guarantees regarding freedom of expression and access to information;
32) Paulo César Endo, psychologist and professor, expert witness
proposed by the representatives. Rendered an expert report on: a) the
alleged affects of the enforced disappearance and the lack of justice and
truth regarding what happened to the next of kin; b) the characteristics
that an appropriate program of psychological care for said harm should
have, and c) other measures that the State should adopt to repair the
alleged perpetrated violations;
33) Hélio Bicudo, former Prosecutor of the Public Prosecutor’s Office of the
State of San Pablo, expert on international law of human rights, expert
witness proposed by the representatives. Rendered an expert opinion on
how the interpretation given to the “derived crimes” enshrined in Law No.
6.683/79 has become an alleged obstacle to the criminal prosecution and
punishment of the perpetrators of the serious human rights violations
committed during the Brazilian military regime;
34) Estevão Chaves de Rezende Martins,50 professor, former Legislative
Secretary of the Ministry of Justice and former Legislative General Counsel
of the Federal Senate, expert witness proposed by the State. Rendered an
expert report on the historical Brazilian experience under the concept of
“transitional justice,” and
35) Alcides Martins, Assistant Attorney General of the Republic, expert
witness proposed by the State. Rendered a legal and technical analysis of
the Amnesty Law.
53.
In regard to the evidence rendered at the public hearing, the Court heard
the declarations of the following persons:
1) Laura Petit da Silva, alleged victim, proposed by the Commission and
the representatives. Declared on: a) the identification of her sister, Maria
Lúcia Petit da Silva; b) the impact the alleged execution of her sister and
the alleged enforced disappearance of her brothers, Lúcio and Jaime Petit
da Silva, had on her life and on her family, and c) the efforts and
obstacles that she had faced to obtain the truth and justice;
2) Criméia Alice Schmidt de Almeida, and 3) Elizabeth Silveira e Silva,
alleged victims, proposed by the representatives. Declared on matters
dealing with: a) their family relationship with the alleged disappeared
victim; b) the manner in which they found out about the enforced
disappearance; c) the personal efforts and actions taken by the next of kin
to know the truth regarding the events and the location of the bodily
remains of their loved ones; d) the political context experienced during the
military regime in Brazil; e) the actions of the public authorities, as well as
other obstacles faced in the search for justice; f) the pecuniary and nonpecuniary consequences of the enforced disappearances, and the lack of
truth and justice in their personal and family life, and g) the compensation
received;
50
Cf. Case of Gomes Lund et al. (“Guerrilha do Araguaia”). Reconsideration, supra note 47,
Considering clauses 4 to 11 and Operative Paragraph 1.