The Attorney General’s Office (PGR) argued that it is up to the Federal Supreme Court (STF) to define whether the amnesty law should be applied to the military accused of participating in the ex-deputy disappearance Rubens Paiva. The Federal Public Prosecution Service calls for the conviction of five army officers for the crime. Their defense claims that acts are no longer punished.
The opinion, published on Tuesday (28) says that the Superior Court of Justice (STJ) had no autonomy to analyze the case and, therefore, could not have ended the criminal action, as I had done. Now the Supreme Court will decide on the subject.
Promulgated in 1979, the Amnesty Law granted forgiveness to the persecuted politicians of the military dictatorship and also had an effect on crimes committed by public agents at that time. The measure was important for the regime’s politicians and opponents to be expatriate and contributed to the process of democratic opening.
The Federal Prosecutor’s Office (MPF) denounced the military for Rubens Paiva’s death in 2014, on the grounds that the acts imputed to them configure crimes of lesa-humanity and, therefore, are not contemplated in the amnesty law.
The Rio de Janeiro Court accepted the complaint and filed a lawsuit, but the Superior Court of Justice (STJ) locked the lawsuit in 2019. Minister Joel Ilan Paciornik understood that the crime of the military was covered by the amnesty law, because it was in the Context of the political repression of the military regime, and dismissed the retroactive application of international treaties. The MPF appealed to the Supreme in 2021, the year the process was distributed to the office of Minister Alexandre de Moraes.
As revealed the Estadãothe magistrate maintained the process stopped for three years and only took progress in November last year, two weeks after the release of the movie ‘I’m Still Here’, which portrays the case and tells the story of the parliamentary widow’s life, Eunice Paiva , and of his children after the death of her husband.
Continues after advertising
In the order, he had determined the position of PGR. They are accused of homicide, corpse concealment, procedural fraud and gang formation the military José Antônio Nogueira Bilham, Rubens Paim Sampaio, Jurandyr Ochsendorf and Souza, Jacy Ochsendorf and Souza and Raymundo Ronaldo Campos. Three of them have died: Campos, Sampaio and Jurandyr.
Rubens Paiva was arrested at home on January 20, 1971 and taken to the Detachment of Information Operations-Center for Internal Defense Operations (DOI-Codi) of the 1st Army in Rio de Janeiro, where he was tortured and killed. The commander of that unit of repression was José Antônio Nogueira Bilham, accused of torturing his former deputy and participating in his murder and the concealment of the remains.
Homicide co -author, Rubens Paim Sampaio headed a team of Operations from the Army Intelligence Center (CIE) in the river in charge of kidnapping, questioning and, in some cases, killing and hiding bodies. His code name was “Dr. Teixeira ”. He would have participated in the torture and concealment of Rubens Paiva’s body.
Continues after advertising
Raymundo Ronaldo Campos was a captain and head of a DOI-Codi operations team, where he took turns with other 24-hour work officers. He, Jurandyr and Jacy would have participated by omission of corpse concealment and fraudulent the process lying in a statement by stating that Rubens Paiva was in a car with the military when the vehicle was attacked and the prisoner fled. They also set the car on fire to prevent the expertise.
Paiva was a deputy for the Brazilian Labor Party when she was revoked by the 1964 military coup. He even exiled for nine months in Yugoslavia and France, but returned to Brazil and returned to work as an engineer, without getting involved in the armed struggle. His arrest occurred after military personnel intercepted letters from political exiles addressed to him.
