media were notified of his death, the journalists brought many newsrooms in São Paulo
to a halt, and the company owners had to negotiate with them so that they would
ensure that the following day’s edition could go out. The journalists’ association
declared a permanent vigil and a religious ceremony was organized in the Cathedral,
which the Commander of the Second Army, General Ednardo D´Avila Melo tried to
prevent by closing the avenues that led to the center of São Paulo. Nevertheless,
thousands of people crammed into the overcrowded Cathedral and part of the square
outside during the ecumenical service held by Cardinal Don Paulo Evaristo, Rabbi Henry
Sobel and the Reverend Jaime Wright, brother of the disappeared politician, Paulo
Stuart Wright.
In 1978, the courts ruled that the Union was responsible for his death. Accordingly, the
processing of Vladimir Herzog’s case by the CEMDP was undisputed, and was approved
unanimously in the initial months of the Special Commission’s existence. Unfortunately,
the report presented by the Ministry of the Marine to the Minister of Justice Mauricio
Correa in 1993 when the democratic rule of law had been in force in our country for
five years preferred to adhere to the version of the dictatorship: “he committed suicide
on October 25, 1975, by hanging himself in his cell in the Second Army’s DOI-CODI,
as described in the IPM and rulings issued by competent organs of the São Paulo Public
Security Secretariat.”
In 1979, in honor of Vlado – as he was known to his colleagues – the Professional
Journalists’ Association of the state of São Paulo created the Vladimir Herzog Amnesty
and Human Rights journalistic prize.” 113
J.
Actions of the
2008.61.81.013434-2)
Federal
Public
Prosecution
Service
(Proceeding
No.
152. Based on the facts described in the CEMDP report, on November 21, 2007, the lawyer,
Fábio Konder Comparato, requested the Federal Public Prosecution Service to investigate the
criminal acts and abuse perpetrated against political opponents of the military regime,
understanding that the legal framework then in force obliged the State to investigate and
punish any crimes against humanity that had been committed. 114
153. Initially, the request was examined by members of the Federal Public Prosecution
Service who did not have jurisdiction for criminal matters. Consequently, on March 5, 2008,
the Prosecutor of the Republic, Eugenia Augusta Gonzaga Favero, and the Regional Prosecutor
of the Republic, Marlon Alberto Weichert, requested that the proceedings be forwarded to one
of the members of the Public Prosecution Service with jurisdiction for criminal matters. At that
time, they expressly asked for an investigation into the crimes committed against Vladimir
Herzog, affirming that the state jurisdiction’s ruling was null and void. 115
154. As a result of this request, on September 12, 2008, Prosecutor Fábio Elizeu Gaspar
filed a motion requesting the Federal Court to close the investigation. 116
155. In this motion, he acknowledged that the murder of Vladimir Herzog had the
characteristics of a crime against humanity, and stated that he had “no difficulty in concluding
113
Direito à Memória e à Verdade: Special Commission on Political Deaths and Disappearances (evidence file, folios
405 to 407).
Brief of Fabio Konder Comparato submitted to the Prosecutor of the Republic, São Paulo, November 19, 2007).
(evidence file, folios 3521 to 3527).
114
115
Proceeding No. 2008.61.81.013434-2, folio 1279, Ofício No. GABPR12-EAGF/SP-000109/2008, of March 5, 2008
(evidence file, folios 4511 to 4513).
116
Proceeding No. 2008.61.81.013434-2, folios 2-50, Regional Prosecutor of the Republic’s request to close the case
(evidence file, folios 4515 to 4563).
33