81 2. Public Civil Suit 214. Regarding the Public Civil Suit (supra para. 193), the Court notes the similarity between the objectives among this Action and the Ordinary Action, namely, the presentation of all information related to the military operations against the Guerrilha do Araguaia (supra para. 188 and 193). Both actions were decided in the first instance and confirmed by superior tribunals, and regarding the Pubic Civil Suit, the State requested the Federal Supreme Court to dismiss its own remedy, with the decision pending (supra para. 186). 215. While the objectives of said actions are similar, the judgment of first instance issued in the Public Civil Suit, confirmed by the Regional Federal Court, refers to the exhibition of documents “in a secret hearing” with the exclusive presence of representatives of the Federal Public Prosecutor’s Office and of the Ministry of Defense, to which access to said documents by the victims is not guaranteed. As such, even when the decision of the judge of first instance may come to be implemented, its effect does not comply with the requirements of Article 13 of the American Convention. 216. In addition, the Court noted that, regardless of the lack of a final decision on the Public Civil Suit (supra para. 214), that ordered until this moment is, materially, encompassed in the operative paragraphs of the judgment of the Ordinary Action, in such a way that the purpose of the judgment of the Public Civl Suit would be complied with in the orders of the Ordinary Action. Likewise, this entails an action that could not be filed by the victims, to which the Court considers that it is not an appropriate remedy to guarantee the right of the next of kin to seek and receive information. As such, it will not make additional considerations in this regard. 3. Legal Notification 217. The Legal Notification (supra para. 194) which was presented in order for the authorities to proceed with the declassification of secret documents of interest to the next of kin of the those politically deceased and disappeared persons to know the truth and locate the whereabouts of the bodily remains of their loved ones, as well as to allow the Federal Public Prosecutor’s Office to have access to the content of these documents to then carry out the necessary measures to assign responsibility to those who violated human rights during the military dictatorship.323 218. The Court notes that, regarding this action, it does not have any information subsequent to its presentation within the body of evidence. Likewise, according to civil procedure legislation of the State, these types of applications are carried out before a judge so as “to establish responsibility, to promote the conservation and the protection of one’s rights or to manifest any intention in a formal manner […], and to request that the defendant is notified.”324 Beyond representing the formal notification of a claim, the Court does not have sufficient elements that allow it to corroborate the effects of said action or whether it Bronca, Rosalvo Cipriano de Souza, Helena Pereira dos Santos, Eloá Cunha Brum and Consueto Ferreira Callado (supra notes 255 and 256). 323 Judicial Notification, supra note 286, folio 351. 324 Article 867 of the Brazilian Code of Civil Procedure states that the purpose of said petition is “to prevent responsibility, promote the conservation and safeguard of rights or to manifest whichever intention in a formal manner.”

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