autopsies provided by the security forces’ own physicians has been reported as a constant during the Brazilian military dictatorship. 79 128. The investigation reached the conclusion that Vladimir Herzog died from suicide by hanging. In this way, the official version at the time of the event was legitimated. 80 That being the case, and considering that neither the military criminal code nor military regulations had been violated, the investigations were closed. This decision was confirmed on February 12, 1976, by the Military Jurisdiction. 81 129. On December 9, 1975, Vladimir Herzog’s death certificate was issued, identifying the cause of death as “mechanical asphyxiation by hanging.” 82 F. Declaratory action No. 136-76 130. On April 19, 1976, Clarice, Ivo and André Herzog filed a declaratory action before the São Paulo Federal Justice System 83 to obtain a declaration of the responsibility of the Federal Union 84 for the arbitrary detention, torture and death of Vladimir Herzog. 85 131. On June 2, 1976, the Union presented its defense, 86 and on March 16, 1978, the federal judge rejected its preliminary arguments. 87 On May 16, 1978, the preliminary hearing was held. 88 During this hearing, Harry Shibata testified that although he had signed Herzog’s autopsy report, he had never seen his corpse. 89 Also, the journalist, Paulo Sérgio Markun stated that the testimony he had given in the context of the military police investigation had São Paulo Municipal Chamber. CPI – Perus/Desaparecidos. In: Vala clandestina de Perus: desaparecidos políticos, um capitulo não encerrado da historia Brazileira. São Paulo: Instituto Macuco, 2012, folio 172 (evidence file, folio 3535); Expert opinion of Sergio Suiama provided during the hearing; Federal Public Prosecution Service, Crimes da Ditadura Militar, p. 116 (evidence file, folio 14313). 79 80 Dantas, Audálio. As duas guerras de Vlado Herzog (evidence file, folio 3897); Proceeding No. 2008.61.81.0134342, São Paulo Federal Justice System, Volumen 1, folio 129, Opinion of the Military Public Prosecutor requesting closure, of February 12, 1976 (evidence file, folio 4249); Proceeding No. 2008.61.81.013434-2, São Paulo Federal Justice System, Volumen 1, folio 130/132, Decision to close the Military Police Investigation of March 8, 1976 (evidence file, folios 4252 to 4255); Report of the National Truth Commission (evidence file, folio 3300); Markun, Paulo. Meu querido Vlado. A história de Vladimir Herzog e do sonho de uma geração, p. 112 (evidence file, folio 8783); Direito à Memória e à Verdade: Special Commission on Political Deaths and Disappearances, p. 408 (evidence file, folio 406). 81 Proceeding No. 2008.61.81.013434-2, São Paulo Federal Justice System, Volumen 1, folio 129, Opinion of the Military Public Prosecutor requesting closure of February 12, 1976 (evidence file, folio 4249). Proceeding No. 2008.61.81.013434-2, folio 629, Death certificate of Vladimir Herzog, dated Deceber 9, 1975 (evidence file, folio 4210). 82 83 Statement by Clarice Herzog during the public hearing. 84 The term “Union” or “Federal Union” is synonymous with the Federal Government in Brazil. Proceeding No. 2008.61.81.013434-2, folios 326, 328 and 333 (evidence file, folios 4256 to 4272); Initial request of Declaratory action No. 136/76, of April 19, 1976 (evidence file, folio 4272). 85 86 Proceeding No. 2008.61.81.013434-2, folios 88-123 (evidence file, folios 4274 to 4309). 87 Proceeding No. 2008.61.81.013434-2, folios 268-270 (evidence file, folios 4311 to 4313). Proceeding No. 2008.61.81.013434-2, folios 431/452, Preliminary and sentencing hearing in Declaratory action No. 136/76, of May 16, 1978 (evidence file, folio 4333). 88 89 Proceeding No. 2008.61.81.013434-2, folio 441, Statement by Harry Shibata in Declaratory action No. 136/76, of May 16, 1978 (evidence file, folio 4158); Proceeding No. 2008.61.81.013434-2, folio 431/452, Preliminary and sentencing hearing in Declaratory action No. 136/76, of May 16, 1978 (evidence file, folio 4342). 28