73
investigations, on August 9, 2001, the Federal Public Prosecutor’s Office filed a
Public Civil Suit (No. 2001.39.01.000810-5) against the Union, aimed at ending
the influence imposed on the inhabitants of the Araguaia region with the use of
social assistance, of the Armed Forces, as well as obtaining from the Union all
documentation that contains information on the military actions of war against
the Guerrilla.278 On December 19, 2005, the First Federal Court declared the
action partially admissible.279 Following the filing of remedy by the Union in March
2006,280 the judgment of first instances was partially reformed by means of the
decision of July 26, 2006, and as such only the obligation to exhibit,
confidentially, all the documents that contained information on the military
actions on the Guerrilla was maintained.281 In September, 2006, the Union filed a
Special Remedy282 and an Extraordinary Remedy283 against this last ruling. The
Special Remedy was not accepted by the Superior Court of Justice according to
the decision of August 18, 2009.284 After the denial of the Extraordinary Remedy
by Federal Regional Tribunal, the Union filed a Tort Action before the Federal
Supreme Court. In the context of this remedy, on December 7, 2009, the Union
requested that the court declare loss of objective, given that the request for
exhibition of documents related to the Guerrilha do Araguaia made in the Public
Civil Suit has been answered by way of the judgment of the Ordinary Action No.
82.00.24682-5, that which is of a res judicata nature.285
194. On the other hand, on December 19, 2005, the Federal Public Prosecutor’s
Office and the Commission of the Next of Kin of those Politically Deceased and
Disappeared of the Institute of Studies on State Violence presented an application
of Legal Notification to the President of the Republic, the Vice President, and
other high ranking officials of the government and Armed Forces, regarding the
declassification of confidential documents that were of the interest of the next of
kin of the politically deceased and disappeared persons, in order for them to
know the truth and locate the bodily remains of their loved ones, as well as to
allow the Federal Public Prosecutor’s Office to have access to said content.286
278
Cf. Judgment of Federal Judge of First Instance, Judiciary Section of Pará - Subsection
Marabá, of December 19, 2005 (case file of annexes to the application, tome I, annex 27, folio 309).
Also available at: http://processual.trf1.jus.br., last visited on October 8, 2010.
279
Cf. Judgment of Federal Judge of First Instance, Judiciary Section of Pará - Subsection
Marabá, supra note 278, folio 320.
280
Cf. Motion for appeal filed by the Union on March 24, 2006 (case file of annexes to the
application, tome I, annex 28, folios 322 to 329).
281
Cf. Decision of the Federal Regional Tribunal of the First Region of July 26, 2006 (case file of
annexes to the application, tome I, annex 29, folio 330).
282
Cf. Special Remedy presented by the Union on September 19, 2006 (case file of annexes to
the application, tome I, annex 30, folios 331 to 338).
283
Cf. Extraordinary Remedy presented by the Union on September 19, 2006 (case file of
annexes to the application, tome I, annex 31, folios 339 to 346).
284
Cf. Decision of the Superior Tribunal of Justice of August 18, 2009 (case file on the merits,
tome VIII, annex 17, folios 4079 to 4084).
285
Cf. Petition of the Union in the framework of Tort Action No. 770.247/PA, presented on
December 7, 2009 (case file of annexes to the final written arguments of the State, tome I, annex 27,
folios 9190 to 9193).
286
Cf. Judicial Notification of December 19, 2005 (case file of annexes to the application, tome I,
annex 32, folios 347 to 367).
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