that Mr. Pereira de Lima no longer had the prerogative of privilege.135
78.
Criminal proceedings formally began on March 14, 2003. 136 On April 7, 2003, the first
preliminary hearing took place, in which Mr. Pereira de Lima denied all the charges. 137 Between
April 7, 2003 and July 27, 2005, five hearings were held.138 In the hearing of July 27, 2005,
the decision to arraign (sentença de pronuncia) was delivered, that is, it was decided that Mr.
Pereira de Lima should be referred to a Jury Court because there was sufficient evidence to
establish the crimes of aggravated homicide, perpetrated for futile reasons by asphyxiation,
and concealment of a corpse.139
79.
On August 3, 2005, Mr. Pereira de Lima’s defense filed an appeal against the
aforementioned ruling.140 However, on November 1, 2005, the lower court confirmed the
decision,141 and on January 31, 2006, the Criminal Chamber of the Court rejected the appeal. 142
On February 15, 2006, Mr. Pereira de Lima’s defense filed a special appeal against this
decision,143 which was submitted to the Superior Court of Justice on January 19, 2007. 144 On
June 25, 2007, the Jury held its first session, but the trial was adjourned due to the absence
of Mr. Pereira de Lima’s attorney145 and resumed on September 26, 2007.146 On September
26, 2007, the First Jury Court of João Pessoa sentenced Mr. Pereira de Lima to 16 years
imprisonment for the crimes of murder and concealment of the body of Márcia Barbosa de
Souza.147 Mr. Pereira de Lima appealed the judgment on September 27, 2007.148
80.
Before his appeal could be considered, Mr. Pereira de Lima died from a heart attack on
February 12, 2008.149 Therefore, the criminal liability was extinguished and the case was
archived.150
81.
Mr. Pereira de Lima’s body was laid to rest in the Salón Noble of the state Legislative
Assembly of Paraíba.151 The Assembly, by order of its President, cancelled the legislative
session and sent an official communication to all the deputies. Official mourning was decreed
for three days and the wake was attended by several politicians, among them the then
Governor of the State of Paraíba.152
Cf. Order of the reporting magistrate of February 24, 2003 (evidence file, folio 122).
Cf. Decision of the presiding judge of the Jury Court of March 14, 2003 (evidence file, folio 4242).
137
Cf. Report on interrogation and minutes of the hearing of April 7, 2003 (evidence file, folios 124 to 127).
138
Cf. Minutes of the hearings (evidence file, folios 129 to 144).
139
Cf. Decision to arraign, issued on July 27, 2005 (evidence file, folios 4431 to 4439).
140
Cf. “Reasons for the Appeal in the Strict Sense” of August 25, 2005 (evidence file, folios 174 to 185).
141
Cf. Decision of November 1, 2005 (evidence file, folio 187).
142
Cf. Decision of the Court of Justice of Paraíba of January 31, 2006 (evidence file, folios 197 to 202).
143
Cf. Special appeal filed by the defense on February 15, 2006 (evidence file, folios 204 to 212).
144
Cf. Order of January 19, 2007 (evidence file, folio 224).
145
Cf. Minutes of the session of the First Jury Court of June 25, 2007 (evidence file, folios 233 to 235).
146
Cf. Minutes of the session of the First Jury Court of September 26, 2007 (evidence file, folios 237 to 240).
147
Cf. Judgment of First instance of September 26, 2007 (evidence file, folios 242 to 245).
148
Cf. Appeal against the judgment of first instance and admission of appeal by the Judge (evidence file, folios
247 to 249).
149
Cf. Death certificate of Mr. Aércio Pereira de Lima (evidence file, folio 9732).
150
Cf. Procedural consultation on the website of the Court of Justice of Paraíba (evidence file, folio 251).
151
Cf. FERREIRA, Lilla. “Aércio’s body is laid to rest in the AL; the burial will be today at 10am.” February 12,
2008. In “Portal de Notícias da Paraíba”: Click PB. Available at: https://www.clickpb.com.br/paraiba/corpo-de-aercioe-velado-na-al-enterro-sera-hoje-as-10h-29339.html.
152
Cf. FERNANDES, Hélder. “O Bê-a-Bá Do Sertão. Autoridades prestigiam velório de Aécio Pereira.” February
12, 2008. Available at: https://obeabadosertao.com.br/portal/2008/02/12/Authoridades-prestigiam-velorio-deAecio-Pereira/.
135
136
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