times so that he would be aware of the “pronúncia” judgment, 100 which was finalized on January 7, 2002. 101 63. The jury trial was then scheduled for May 23, 2002. 102 On May 7, 2002, it was ordered that the prosecution witnesses be called to trial: Edson Rodrigues Guimarães, Neuzila Cerqueira Guimarães, Antonio Francisco da Silva, Risomar Daniel Castro, and Luzia Batista. 103 Two witnesses were not located, including the eyewitness Luzia Batista, who was deceased, according to her neighbor. 104 The scheduled trial was not held because M.C.N. was not located. M.C.N.'s ex-wife reported that he lived in São Paulo. 105 That same day, an order for pretrial detention was issued, but it was not sent to the authorities in São Paulo. 106 64. On June 1, 2002, Rafael Sales Pimenta provided the Pastoral Land Commission’s attorneys to act as assistants to the prosecution. 107 On February 20, 2004, the case was referred to the Agrarian Court, as the Criminal Court had determined that it did not have jurisdiction because it considered the crime agrarian in nature. 108 65. While the case was with the Agrarian Court, the only legal action taken was the search for the defendant’s place of residence. 109 On August 4, 2004, the Federal Revenue Service reported that M.C.N. lived in the city of Brumado in the state of Bahía. 110 66. In February of 2005, the Court of Justice of Pará decided that the Agrarian Court did not have jurisdiction over criminal cases. On July 28, 2005, the case records were returned to the Criminal Court. 111 Once the case was back with the Criminal Court, another session was scheduled for the trial, but it was not held because the defendant failed to appear. In response, the judge ordered that the session be postponed until the defendant could be located and that a detention order be issued in all the states of Brazil. On November 18, 2005, a new trial session was scheduled for February 15, 2006, and another detention order was issued. 112 On November 21, 2005, a request for the 100 A “pronúncia” judgment is a decision by a judge in the course of a criminal trial in which the judge determines whether a defendant should go before a jury court, based on whether there is sufficient circumstantial evidence to determine who committed a deliberate crime against life. 101 Cf. Request No. 01/2001 of January 30, 2001 (evidence file, folio 2500); Certificate of notification to M.C.N. on February 15, 2001, and May 3, 2001 (evidence file, folios 2503–2504); and Certification of res judicata of the “pronúncia” judgment of M.C.N. on January 7, 2002 (evidence file, folio 2508). 102 Cf. Record signed by the assigned judge of law on March 26, 2002 (evidence file, folio 2515). 103 Cf. Notification order No. 247/2002 from May 7, 2002 (evidence file, folio 2533). 104 Cf. Certificate of the officer of the court from May 21, 2002 (evidence file, folio 2534). Cf. Request from March 2, 2022 (evidence file, folio 2516); Certificate of failure to notify M.C.N. from April 11, 2002 (evidence file, folio 2518); Request of April 30, 2002 (evidence file, folio 2520); and Certificate of failure to notify M.C.N. on May 20, 2002 (evidence file, folio 2521). 105 Cf. Pretrial detention order No. 0272/2002 from May 23, 2002 (evidence file, folio 2541) and Decision issued by the assigned judge of law on May 23, 2002 (evidence file, folio 2536–2538). 106 107 Cf. Power of attorney for Jose Batista Gonçalves Afonso from June 1, 2002 (evidence file, folios 2528–2529). On April 22, 2002, a month before the jury trial, the attorney who had been assisting the prosecution recused himself from the trial because he had been appointed Attorney General of the Municipality of Marabá. Cf. Appointment of then-attorney of Rafael Sales Pimenta on February 6, 2002 (evidence file, folio 2526) and Petition of then-attorney of Rafael Sales Pimenta on April 22, 2002 (evidence file, folio 2525). 108 Cf. Order of lack of jurisdiction issued by the substitute judge of law in the Fourth Court on February 20, 2004 (evidence file, folio 2543). 109 Cf. Letter No. 200/04-VA from July 7, 2004 (evidence file, folio 2548). Cf. Record No. 367/200/04-VA signed by the Commissioner of the Federal Revenue Service (“Receita Federal”) on August 4, 2004 (evidence file, folio 2549). 110 111 Cf. Decision of the substitute judge of law of the Agrarian Region of Marabá on July 28, 2005 (evidence file, folio 2545–2546). 112 Cf. Decision of the substitute judge of law of the Fourth Criminal Court of the Judicial District of Marabá on November 18, 2005 (evidence file, folio 2552) and Pretrial detention order from November 21, 2005 (evidence file, folios 2554). 20