27 discrepancies in the statements of the members of MST”; (v) it was a hooded individual, and not Morival Favoreto or Ailton Lobato, who shot Mr. Garibaldi; (vi) the individual who fired the rifle could not be identified and no other information was provided to identify the other participants in the operation; (vii) it cannot be inferred that the other members of the group acquiesced to the murder; (viii) the man who fired the shot did not intend to kill Mr. Garibaldi, because he shot him in the leg; (ix) the members of the said group abandoned the scene following the shooting; (x) it had not been entirely proved that the vehicles used during the facts belonged to Morival Favoreto at the time; (xi) four years had elapsed since the facts with no apparent possibility of determining the authorship of the offense; (xii) charges for assembling in a gang to commit crimes were not admissible, because there was no evidence that the members of the group had got together to commit crimes, and (xiii) with regard to Ailton Lobato in particular, the offense of unlawful possession of weapons had prescribed.89 98. On May 18, 2004, Judge Khater issued her decision as follows: “I share [the said] opinion [of the Public Prosecutor’s Office] and, consequently, decide to close this case file, with the usual notes.”90 99. Iracema Garibaldi filed a mandado de segurança on September 16, 2004, against the order to close the case, asking for the Investigation to be re-opened. In her request, the alleged victim argued that the order was contrary to Article 93, paragraph IX, of the Federal Constitution.91 On September 17, 2004, the Court of Justice of the state of Paraná rejected the remedy, because it found that the request was “incompatible with the scope of the jurisdiction of the [Mandado de Segurança],” since there was no specific and evident right in favor of the applicant.92 100. On April 20, 2009, prosecutor Vera de Freitas Mendonça asked the Loanda Court to re-open the investigation, alleging that new evidence had come to light; namely the testimony of Vanderlei Garibaldi and Giovani Braun given in the context of the case before this Court on February 3 and 5, 2009, respectively. Furthermore, the prosecutor requested certain measures, including the following: (i) statements should be taken from Vanderlei Garibaldi and his brothers-in-law, “Darci and Marcelo,” who witnessed the facts; Giovani Braun; police clerk Ribeiro; other landless workers present at the time of the crime; Morival Favoreto, and Ailton Lobato; (ii) the weapons, cartridges and bullets seized during the investigation should be located and sent for a technical appraisal by the Institute of Forensic Science, and (iii) a verification should be carried out of whether any private militia had been identified that was active at the time of the murder and in subsequent years in armed conflicts with landless workers. On the same date, Judge Carla Melissa Martins Tria, currently head of the Loanda Court, found that, “the documents provided by the Public Prosecutor’s Office, include testimony by individuals who were not heard during the [Investigation] which provides new elements concerning the information already produced in the investigation into the death of Sétimo Garibaldi.” Based on Article 28 of the Code of 89 Cf. Opinion of the Public Prosecutor’s Office of May 12, 2004, supra note 60, folios 2130 to 2132. 90 Decision of Judge Khater on May 18, 2004 (file of attachments to the answer to the application, sole tome, attachment 4, folio 2134). 91 Cf. 1988 Federal Constitution (file of attachments to the answer to the application, sole tome, attachment 4, folio 2230). Art. 93. IX. “All trials by the organs of the Judiciary shall be public and all their decisions founded; to the contrary they will be null […]”. 92 Cf. Extract from the proceeding and decision rejecting the mandado de segurança (file of attachments to the application, tome I, attachment 35, folios 160 to 162).