the vehicle109 used to conceal the body of the victim.110 Four other persons - D.D.P.M., L.B.S., A.G.A.M. and M.D.M. - were also included in the investigations as suspects of having participated in the crime.111 D. Domestic proceedings 70. On June 19, 1998, police investigation No. 18/98 regarding the death of Márcia Barbosa de Souza was formally opened.112 After the collection of testimonial and expert evidence, the Police Commissioner in charge of the investigation, on July 21, 1998, issued a report in which he stated that all the evidence indicated the direct participation of the then deputy Aércio Pereira de Lima in the crime. However, he noted that it was difficult to take the statement of the then deputy by virtue of his prerogatives related to parliamentary immunity. The Commissioner also concluded that there were indications of the participation of four other persons in the crime: D.D.P.M., L.B.S., A.G.A.M. and M.D.M.113 71. In the course of the investigations, the police authorities questioned different witnesses about the personality, social conduct and sexuality of Ms. Barbosa de Souza. 114 Likewise, during the criminal proceedings against Aércio Pereira de Lima, to which reference will be made below, at the request of his attorney, more than 150 pages of newspaper articles referring to the alleged prostitution, overdose and alleged suicide of Márcia Barbosa de Souza were incorporated into the case file.115 72. On July 23, 1998, the police sent the investigation report to the Public Prosecutor’s Office,116 which asked the competent judge, some days later, for additional inquiries to be conducted by the police authorities.117 On July 28, 1998, the judge authorized said inquiries and assigned a term of 20 days for the police to carry them out.118 73. On August 19, 1998, the Police Commissioner and the Prosecutor requested the presence of the then deputy to hear his testimony. 119 On August 24, 1998, the then deputy indicated that the request should be made to the Legislative Assembly of the state of Paraíba due to his parliamentary prerogatives.120 Cf. Statement of the then deputy Aércio Pereira de Lima, rendered on September 24, 1998, before the Attorney General’s Office of Paraíba (evidence file, folios 79 to 83). 110 Cf. Final report of the police department for crimes against the person, supra. 111 Cf. Request for authorization of further inquiries, presented by the Public Prosecutor’s Office to the judge, on July 27, 1998 (evidence file, folios 54 to 57). 112 Cf. Cover page of the police investigation file (evidence file, folios 3844). 113 Cf. Report of the Police Commissioner of the department of crimes against the person of João Pessoa, of July 21, 1998 (evidence file folios 3931 to 3934). 114 For example, in response to the questions asked, U.M.S. made significant references to Márcia Barbosa’s sexuality and to aspects of her personal life. During his testimony, on May 20, 2003, he confirmed that his wife “expressed concern about Márcia’s excessive drug use, when she had it easy; that Márcia, the victim, was a novice addict […]; that when questioned by the judge, he stated that Márcia Barbosa met Aércio "smelling" but at the deponent’s house. Similarly, on September 26, 2007, in his statement before the Jury Court, M.S.C. stated that Márcia Barbosa had gone to the Trevo Motel to “prostitute herself”, since “you don’t go [to a motel] to pray.” Cf. Provisional decision of July 27, 2005 (evidence file, folios 576 to 577), and Statement of M.S.C, made on September 27, 2007 before the First Jury Court (evidence file, folio 3166). 115 Cf. Expert opinion rendered by Soraia da Rosa Mendes, supra (merits file, folio 10445). 116 Cf. Note of the prosecutor in the police investigation file of July 23, 1998 (evidence file, folios 3942). 117 Cf. Request for authorization of further inquiries, presented by the Public Prosecutor’s Office to the Judge, on July 27, 1998 (evidence file, folios 54 to 57). 118 Cf. Decision of the judge of July 28, 1998 (evidence file, folio 59). 119 Cf. Official letter No. 005/98, to Aércio Pereira de Lima of August 19, 1998 (evidence file, folios 62). 120 Cf. Response of Aércio Pereira de Lima, presented on August 24, 1998 (evidence file, folios 64 and 65). 109 -23-

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