26
the margin of the petition, in which she wrote “R. and A. Defiro. Ofície-se. 05.05.99”
[R[eviewed] and A[nalyzed]. I agree. So ordered]. The Judge did not notify her decision to
the Prosecutor General’s Office.75
92.
On May 12, 1999, Military Police Sergeant-Third Class, Valdecir Pereira da Silva
(hereinafter “Sergeant Silva”) submitted to Judge Khater, within the framework of the
monitoring petition, a second request for telephone interception, repeating the request to
intervene the line (044) 462-14[XX] and including also the telephone line (044) 46213[XX], installed in the offices of ADECON.76 The second request did not include any
reasons or grounds to justify it. Nevertheless, it was again granted by Judge Khater with a
simple annotation, similar to the previous one, in the margin of the petition.77 She did not
notify the Prosecutor General’s Office of the second authorization either.
93.
On May 25, 1999, Major Neves asked the Loanda Court “to cease the interception
and monitoring of the telephone line indicated in [monitoring petition] No. 041/99 because
the monitoring carried out up until that time had already produced the desired effect.”78
Judge Khater responded to his request on the same day and an official communication was
sent to the director of the telephone company Telecomunicações do Paraná S/A (hereinafter
“TELEPAR”) copying the request to cancel the interception of the COANA and ADECON
lines.79
94.
On the evening of June 7, 1999, extracts of the recorded conversations appeared on
the Jornal Nacional, a national television news program with one of the largest audiences in
the country.80 However, the case file does not reveal the contents of the conversations
disseminated by this means or any elements to identify the contents of the material handed
over to the Globo Television network, from which fragments were taken and broadcast on
the news.
95.
During the afternoon of June 8, 1999, the former Secretary of Security organized a
news conference with journalists from different media in which he commented on the
actions of the police in the operations to empty the MST camps; he provided explanations
with regard to the telephone interceptions and gave his opinion on the conversations
disseminated and the measures that the Secretariat of Security would adopt in that regard.
During this press conference recordings were played of some of the intercepted
conversations and, the press secretary of the Secretariat of Public Security handed out
75
Cf. Application for telephone interception of May 3, 1999, supra note 66, folios 2130.
76
In the telephone interception request of April 28, 1999, Colonel Kretschmer indicated that both telephone
lines belonged to COANA (supra para. 89). Subsequently, Sergeant Silva requested the interception of the said
lines, but stated that one of them belonged to ADECON. Cf. telephone interception request of April 28, 1999, supra
note 73, folio 2162, supra note 73, folio 2162; telephone interception request of May 12, 1999, in the context of
Monitoring Petition No. 41/99 (file of attachments to the answer to the application, tome I, attachment 10, folio
2135), and telephone bill for the line (044) 462-13XX owned by ADECON (file of attachments to the answer to the
application, tome I, attachment 10, folio 2171).
77
Judge Khater’s authorization is dated May 11, 1999, and states “R. Defiro. Ofície-se” ordered]. Cf.
Application for telephone interception of May 12, 1999, supra note 76, folio 2135.
78
Request for cancellation of interception of May 25, 1999, under monitoring petition No. 41/99 (file of
attachments to the answer to the application, tome I, attachment 10, folio 2138 and file of attachments to the
answer to the application, tome I, attachment 10, folio 2138).
79
Official communication No. 478/99 of May 25, 1999, from the Loanda Court to the Director of TELEPAR (File
of attachments to the answer to the application, tome I, attachment 10, folio 2140).
80
Testimony of the journalist Evandro Cesar Fadel during criminal investigation No. 82.561-5 (file of
attachments to the pleadings and motions brief, attachment 3, folios 1438); testimony of the journalist Fabiana
Prohmann during criminal investigation No. 82.561-5 (file of attachments to the pleadings and motions brief,
attachment 3, folio 1482); newspaper Articles in O Estado do Paraná entitled “Grampo revela ameaça de semterra a juíza” of June 8, 1999, and “Baggio:`Sabíamos do grampo e fizemos sátira´” of June 9, 1999 (file of
attachments to the pleadings and motions brief, attachment 10, folio 2009 and 2011, respectively).