60.
On November 23, 1987, at the request of M.C.N.’s attorney, 89 the judge of the Fourth Criminal
Court reversed the order for his pretrial detention, holding that the reasons for it no longer existed,
since M.C.N. had presented himself to the authorities, had provided his address, had a good record,
and was not a repeat offender. 90 On April 29, 1988, the defendant M.C.N. was questioned. He denied
having committed the crime and stated that he had not appeared previously because of a “lack of
financial means.” 91
61.
On June 8, 1992, the Public Prosecutor's Office presented its final arguments, in which it
requested that the case against C.O.S. be dismissed and that M.C.N. and J.P.N. be charged. 92 On
December 3, 1992, J.P.N.’s defense counsel presented final arguments, and on February 26, 1993,
M.C.N.’s attorney submitted a request to withdraw as legal representative 93 of his client without
presenting the defendant’s final arguments. 94 On June 28, 1997, the Public Defender’s Office
presented M.C.N.’s final arguments. 95 On July 29, 1997, the Public Prosecutor's Office requested that
Rafael Sales Pimenta be admitted as a prosecutorial assistant. 96 On April 27, 1998, the final
arguments in defense of C.O.S. were presented. 97
C. Independent events after the recognition of the Court’s contentious jurisdiction
C.1. Independent events that occurred in the context of the criminal trial after
December 10, 1998
62.
On November 23, 1999, the Public Prosecutor's Office requested termination of criminal
liability for J.P.N. due to his death. 98 That request was granted by the judge on August 31, 2000,
along with a dismissal of the accusation against C.O.S. due to a lack of evidence. Accordingly, M.C.N.
was declared the only defendant. 99 Between January and May of 2001, M.C.N. was notified three
89
Cf. Request for reversal of the order for the pretrial detention of M.C.N. on November 19, 1987 (evidence file, folios
2355–2357).
90
2366).
Cf. Order issued by the judge of law in the Fourth Criminal Court on November 23, 1987 (evidence file, folios 2365–
91
Cf. Documentation of classification and questioning of M.C.N. from April 29, 1988 (evidence file, folios 2360–2361).
92
Cf. Final arguments of the Public Prosecutor's Office on June 8, 1992 (evidence file, folios 2437–2440).
On September 28, 1995, a public defender was appointed to represent M.C.N. and present his final arguments. On
April 26, 1996, the Public Defender’s Office reversed its appointment of the public defender because the defendant, as a
landowner, had the “financial means” to hire an attorney. On June 3, 1996, through a request sent to the Judicial District of
Vitória da Conquista, M.C.N. was given 48 hours to hire an attorney and present his final arguments. On July 16, 1996, M.C.N.
went to the Court of Vitória da Conquista and reported that he did not have the financial means to hire an attorney. On May
12, 1997, the brother of the alleged victim, Rafael Sales Pimenta, provided an attorney to act as a prosecutorial assistant in
the trial, and on May 28, 1997, he requested that M.C.N. be granted a public defender. Cf. Record signed by the judge of law
of the Fourth Criminal Court on September 28, 1995 (evidence file, folio 2465); Document of reversal signed by the Public
Defender’s Office on April 26, 1996 (evidence file, folios 2467–2468); Request signed by the judge of the Fourth Criminal
Court of Marabá on June 3, 1996 (evidence file, folios 2470–2471); Certificate issued by the clerk of Vitória da Conquista on
July 16, 1996 (evidence file, folio 2473); Power of attorney signed by Rafael Sales Pimenta on May 12, 1997 (evidence file,
folio 2475); and Request signed by the attorney of Rafael Sales Pimenta on May 28, 1997 (evidence file, folios 2478–2480).
93
Cf. Final arguments of J.P.N. on December 3, 1992 (evidence file, folios 2453–2461) and Request for withdrawal
signed by M.C.N.’s attorney on February 26, 1993 (evidence file, folio 2463).
94
95
Cf. Final arguments of M.C.N. on June 28, 1997 (evidence file, folios 2482–2485).
96
Cf. Request signed by the Public Prosecutor's Office on July 29, 1997 (evidence file, folio 2487).
97
Cf. Final arguments of C.O.S. on April 27, 1998 (evidence file, folios 2489–2490).
98
Cf. Death certificate of J.P.N. from September 13, 1999 (evidence file, folio 2498).
Cf. Request of the Public Prosecutor's Office on November 23, 1999 (evidence file, folio 2061); Termination of criminal
liability of J.P.N. on August 31, 2000 (evidence file, folio 2497); and Indictment of the defendants issued by the sitting judge
on August 31, 2000 (evidence file, folios 2494–2495).
99
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