72
9, 2007, this decision became final.272 In May of 2008, the brief was resent to the
First Federal Court to initiate the execution of the judgment, which was ordered
on March 12, 2009.273
192. So as to comply with the judgment ordered in the framework of the
Ordinary Action, the State established, in April 2009, the Tocantins Working
Group (supra para. 100). Regarding the documents on the Guerrilla, in July 2009,
the Attorney General of the Union presented before the Ordinary Action
proceeding various documents, among others, the report drafted by the Ministry
of Defense “Informaciones sobre la Guerrilha do Araguaia” [Information on the
Guerrilha do Araguaia], of 21,000 pages of documents and archives of the former
National Information Services which was under the custody of the National
Archive and that consist of documents which pertain to the three secret services
of the Armed Forces. As such, the State, in the Ordinary Action, offered
information gathered by various organs of the State in distinct periods, that of
which, it noted, constitutes all of the documentation available from the Union
regarding the military operations, particularly in what regards the armed
conflicts, the capture and detention of civilians, the recognition of bodies, and the
identification of members of the Guerrilla.274 The mentioned report of the Ministry
of Defense indicates that since the end of 2003, in what regards the Armed
Forces, specific investigation procedures were initiated in order to obtain
information on the combat used against the Guerrilla and on the possible
localization of the bodily remains of the disappeared persons.275
2. Other judicial procedures
193. By means of a request of the next of kin,276 in 2001, the Offices of the
Prosecutor General’s of the Republic in the states of Pará, São Paulo, and of the
Federal District, initiated public civil investigations No. 1/2001, 3/2001, and
5/2001, respectively, in order to gather information on the Guerrilha do Araguaia.
The prosecutors elaborated, in January of 2002, a “Partial Report on the
Investigation of the Guerrilha do Araguaia.”277 As a consequence of said
272
Cf. Certificate of the Superior Tribunal of Justice of October 9, 2007 (case file of annexes to
the brief of pleadings and motions, tome I, annex 21, folio 4076).
273
Cf.
Procedure
2003.01.00.041033-5.
Available
http://www.trf1.jus.br/Processos/ProcessosTRF/; last visited on October 8, 2010.
at:
274
Cf. Brief of the Attorney General of the Union submitted to the First Federal Court on July 10,
2009 (case file on the merits, tome VI, folios 3218 a 3251). The Court notes that Mr. Antunes da
Silva, in his expert report, indicated that “[o]n December 4, 2008, 21,319 pages of documents were
delivered to the First Federal Court, of the body of evidence of the extinct National Information
Service.” Nevertheless, in the Report on the Guerrilha do Araguaia elaborated by the Ministry of
Defense and submitted to the proceeding of the Ordinary Action in July of 2009, it states that on
December 15, 2008, “[the] Subcheif of Legal Matters of the Civil House [submitted] to the Ministry of
Defense […] copies of the record under the custody of the National Archive, in a total of approximately
20,000 […] pages, as part of the compliance of the judgment issued in Action 82.00.24682-5.”
Likewise, of the body of evidence it is evident that the execution of the Judgment of the Ordinary
Action was ordered on March 12, 2009. Given the stated, the Court cannot hold that the evidence
provided in the case file if more than 20,000 pages were submitted in the proceedings of the Ordinary
Action prior to formal delivery on July 10, 2009. Cf. Expert report by Mr. Jaime Antunes da Silva
before a public notary (case file on the merits, tome IV, folios 1430 a 1433), and Ministry of Defense.
Information on the Guerrilha do Araguaia, supra note 81, folios 3443 and 3454.
275
Cf. Ministry of Defense. Information on the Guerrilha do Araguaia, supra note 81, folio 3481.
276
Cf. Statement of Mr. Marlon Alberto Weichert rendered at the public hearing on May 20,
2010.
277
Cf. Federal Public Prosecutor’s Office. Partial Report of the Investigation on the Guerrilha do
Araguaia. Investigation Nos. 1/2001 – Pará, 3/2001 – São Paulo, and 5/2001 – Federal District, of
January 28, 2002 (case file of annexes to the application, tome I, annex 26, folios 283 to 308).
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