67. On June 17, 1998, at approximately 7.00 p.m., Ms. Barbosa de Souza received a call from the then state deputy of Paraíba, Aércio Pereira de Lima, and subsequently left to meet him.96 At 9.00 p.m., at the Trevo Motel, a call was made from the cell phone used by Mr. Pereira de Lima to a residential phone number in the city of Cajazeiras.97 During the call, Márcia Barbosa de Souza talked to several people98 and one of them even spoke to Mr. Pereira de Lima.99 68. On the morning of June 18, 1998, a passerby observed someone throwing the body of a person,100 later identified as Márcia Barbosa de Souza,101 from a vehicle into a vacant lot in Altiplano Cabo Branco, near the city of João Pessoa, in the state of Paraíba. 102 At the time when her body was found, Márcia Barbosa de Souza presented abrasions on her forehead, her nose and her lips. In addition, her lips, nose and back had purplish-blue bruises (ecchymosis) and her body had traces of sand. During the autopsy it was revealed that the cranial, thoracic abdominal cavity and the neck presented internal hemorrhage and the cause of death was determined to be asphyxiation by suffocation, resulting from a mechanical action.103 In addition, the forensic medical expert who examined her body determined that Ms. Barbosa had been beaten prior to her death104 and had suffered compression of the neck, although this had not been the cause of death.105 69. The complaint filed by the Public Prosecutor’s Office attributed the crimes of “double aggravated homicide”106 and concealment of a corpse to the then state deputy, Mr. Aércio Pereira de Lima,107 who had known the alleged victim since November 1997.108 According to his own statement and to testimonial evidence, Mr. Aércio Pereira de Lima had in his possession Cf. Final report of the police department for crimes against the person of August 27, 1998 (evidence file folios 5 to 8). 97 Cf. Final report of the police department for crimes against the person, supra. 98 Cf. Final report of the police department for crimes against the person, supra. 99 Cf. Final report of the police department for crimes against the person, supra, and statement of M.S.C., supra. 100 Cf. Statement of Antonio Lopes of Brito, made on June 25, 1998 in the Homicide Division of João Pessoa (evidence file, folios 51 and 52), and complaint of the Public Prosecutor’s Office against Deputy Aércio Pereira of October 8,1998 (evidence file, folios 10 to 16). 101 Cf. Statement of Márcia Maria Gabarra Pires, made on June 22, 1998 at the Homicide Division of João Pessoa (evidence file, folios 3880 and 3881), and complaint of the Public Prosecutor’s Office against Deputy Aércio Pereira, of October 8,1998 (evidence file, folios 10 to 16). 102 Cf. Statement of Antonio Lopes de Brito, of June 25, 1998 at the Homicide Division of João Pessoa (evidence file, folios 51 and 52); Complaint of the Public Prosecutor’s Office against the Deputy Aércio Pereira, supra, and Final report of the police department for crimes against the person of August 27, 1998 (evidence file folios 5 to 8). 103 Cf. Medical-legal autopsy report, carried out on June 18, 1998 (evidence file, folios 35 and 36); statement of the medical-legal expert before the Attorney General's Office of Paraíba, carried out on October 2, 1998 (evidence file, folios 48 and 49), and complaint of the Public Prosecutor’s Office against Deputy Aércio Pereira, supra. 104 Cf. Final report of the police department for crimes against the person , supra. 105 Cf. Statement of the medical-legal expert before the Attorney General’s Office of Paraíba, supra (evidence file, folio 49). 106 The Brazilian Criminal Code, in Article 121.2, contemplates some circumstances that make the crime of homicide more serious and, therefore, increase the penalty. A murder that takes place under any of these circumstances is classified as “aggravated homicide.” 107 Cf. Complaint of the Public Prosecutor’s Office against the Deputy Aércio Pereira, of October 8, 1998 (evidence file, folios 10 to 16). 108 Cf. Final report of the police department for crimes against the person, supra, and statement of M.S.C, supra. 96 -22-