24
84.
On August 13, 1999, the Loanda Court forwarded the case file to the Police
Headquarters so that the measures indicated by the Public Prosecutor’s Office could be
taken. However, even though the Public Prosecutor’s Office repeated the request for
evidence (supra para. 83) and despite the extension granted on February 11, 2000, in order
to conclude the Investigation, no relevant measures were taken from August 14, 1999, to
February 22, 2000, that would have allowed the said Investigation to progress.75
85.
On February 23, 2000, Police Chief Almeida issued a report in which he stated that
some of the measures ordered by the Public Prosecutor’s Office had been taken (supra
paras. 76, 77, 79 and 83) and reiterated the request initially made on November 30, 1998,
to the Maringá Institute of Forensic Science (hereinafter “the Institute of Forensic Science”)
for an expert appraisal of the weapon seized from Ailton Lobato. In addition, he ordered: (i)
that an official note be sent to the Sertanópolis Police Headquarters for Morival Favoreto to
produce, in addition to certain documents, the black F1000 and the grey D-20 pick-ups at
the Loanda Police Headquarters so that they could be identified; (ii) that the testimony of all
the Hacienda employees should be received, and (iii) that official communications be sent to
the police headquarters that had jurisdiction to receive the testimony of Morival Favoreto’s
cousin “Eduardo,” who should indicate when the accused stayed at his house, and of Dr.
Flair Carrilho. The latter should confirm whether the signature on the receipt presented by
the person investigated was his; identify the persons with whom the suspect came to his
office, specifying the time, day, month and year; clarify whether he had an assistant or
secretary, and present his patient’s medical records.76
86.
Following a further request for an extension, on May 15, 2000, Prosecutor Garcia
granted a period of 30 days to conclude the Investigation. On June 1, 2000, the findings of
the appraisal of the caliber 38 revolver confiscated from Ailton Lobato were added to the
file; it attempted to clarify the serial number of the weapon and whether it had been fired
near the date of the crime. The expert appraisal concluded that there were signs that the
revolver’s serial number had been altered and, consequently, it could not be identified. In
addition, the experts “abstained from giving an opinion on the time or date on which the
weapon was last used to fire a shot” because they did not have essential information, such
as how the weapon had been conserved and maintained after its use.77
87.
On June 1, 2000, Morival Favoreto’s second statement, made in Sertanópolis on
March 24 that year, was placed in the case file. In it, he repeated his previous statement,
provided complete information on his cousin, Eduardo Minutoli Junior, and on Dr. Flair
Carrilho and, among other matters, added that: (i) the black F1000 pick-up that he had
owned had been sold to Carlos Eduardo Favoreto da Silva on August 27, 1998, who had sold
it to someone else on November 24, 1998, and (ii) neither he nor his partners had a grey D-
Prosecutor Garcia stated that the delay in her statement was a result of the accumulation of tasks and the large
number of cases that she was responsible for, presenting information in this regard.
75
Cf. Order of Judge Khater of August 13, 1999; communication of Police Chief Almeida of September 3, 1999;
opinion of the Public Prosecutor’s Office of November 10, 1999; request of Police Chief Almeida of February 8,
2000, and opinion of the Public Prosecutor’s Office of February 11, 2000 (file of attachments to the answer to the
application, sole tome, attachment 4, folios 2004 to 2011).
76
Cf. Letter from Police Chief Almeida of February 23, 2000; certification and official notes of the Querência do
Norte Police Headquarters of February 28, 2000, to the Institute of Forensic Science and to the Sertánopolis Police
Headquarters Querência do Norte (file of attachments to the answer to the application, sole tome, attachment 4,
folios 2012 and 2019).
77
Cf. Request of Police Chief Almeida of March 27, 2000; opinion of the Public Prosecutor’s Office of May 15,
2000; certification of the Querência do Norte Police Headquarters of June 1 2000, and findings of the examination
of the weapon issued by the Institute of Forensic Science (file of attachments to the answer to the application, sole
tome, attachment 4, folios 2019 to 2026).