160. Lastly, according to this judge, the action had been extinguished because, in her opinion: “homicide and genocide, and also torture […] are not imprescriptible crimes in the Constitution and other provisions of the laws in force.” 126 Thus, she decided to close the proceeding on January 9, 2009. 127 K. Civil action filed by the Federal Public Prosecution Service in 2008 161. On May 14, 2008, the Federal Public Prosecution Service filed a public civil action against the Union and against the former commanders of the DOI/CODI/SP, Audir Santos Maciel and Carlos Alberto Brilhante Ustra. The purpose of the action was for the court: (1) to declare that the Brazilian Army was obliged to release all the information it held concerning the activities that took place in the Second Army’s DOI/CODI between 1970 and 1985; (2) to declare that the Union had failed to take the necessary measures to make reparation for damages in relation to payment of the compensation established in Law No. 9,140/95; (3) to declare the responsibility of the former commanders, and (4) to sentence the commanders to make various reparations and be removed from public functions. 128 162. On May 5, 2010, the Eighth Federal Court of São Paulo declared the public civil action inadmissible arguing that the action was inappropriate, and also based on the Amnesty Law. 129 The court considered that the action filed by the Federal Public Prosecution Service could not impose an obligation “to act,” and could not produce effects that were typical of, and inherent in, an application for habeas data. 130 163. Regarding the application of the Amnesty Law, the court founded its ruling on the decision of the Federal Supreme Court in ADPF No. 153, arguing that the said decision was binding “for everyone.” It added that the amnesty was “broad, general and unlimited” and therefore ended all civil and criminal consequences of the facts amnestied. 131 The Public Prosecution Service filed an appeal against this ruling on June 25, 2010. 132 No final decision had been taken on the appeal at the date of this judgment. 133 L. Actions of the National Truth Commission (CNV) 164. On November 18, 2011, Law No. 12,528/2011 was promulgated creating the National Truth Commission (CNV). The purpose of the Commission was “to examine and to shed light 126 Proceeding No. 2008.61.81.013434-2, Decision of the Federal Judge of January 9, 2009 (evidence file, folio 4581). Proceeding No. 2008.61.81.013434-2, Decision of the Federal Judge of January 9, 2009.(4565 a 4581); Proceeding No. 2008.61.81.013434-2, Federal Public Prosecution Service investigation proceeding (evidence file, folio 6641 to 6657). 127 Initial petition of Public civil action No. 2008.61.00.011414-5, of May 14, 2008 (evidence file, folio 4583 to 4656); Copy of the record of Public civil action No. 2008.61.00.011414-5 (evidence file, folio 8930/10336); Statement made during the hearing by Marlon Weichert. 128 129 Proceeding No. 2008.61.00.011414-5. Eighth Federal Court of São Paulo. Judgment of May 5, 2010, folios 18 and 20 (evidence file, folios 4658 to 4677); Copy of the record of Public civil action No. 2008.61.00.011414-5 (evidence file, folios 8930 to 10336). 130 Proceeding No. 2008.61.00.011414-5, Judgment of May 5, 2010, folios 18 and 20 (evidence file, folio 4664). 131 Proceeding No. 2008.61.00.011414-5, Judgment of May 5, 2010, folios 18 and 20 (evidence file, folio 4676). Copy of the record of Public civil action No. 2008.61.00.011414-5 (evidence file, folios 8930 to 10336); Appeal No. 0011414-28.2008.4.03.6100 of January 17, 2011 (evidence file, folios 4679 to 4680); Proceeding No. 2008.61.01.00.011414-5 (evidence file, folio 6708); Proceeding No. 2008.61.00.011414-5 Public civil action, Appeal (evidence file, folios 6664 to 6705). 132 133 Consulted at: http://www.jfsp.jus.br/foruns-federais/ on March 1, 2018. 35