The Superior Court of Justice (STJ) begins appraisal that could deem the 2006 May Crimes to be serious human rights violations: rapporteur votes in favor
It could be deemed that the murders committed in the Baixada Santista are not subject to a statute of limitations
CPI do Assassinato de Jovens (CPIADJ) realiza audiência pública interativa com a participação de convidados, para apresentação do relatório.
Mesa:
Mães de Maio, Débora Maria da Silva;
Paulo Renato Campos.
Foto: Marcos Oliveira/Agência Senado
On Thursday (4), the Superior Court of Justice (STJ) began appraisal of a Special Appeal (Resp nº 2172497/SP). If it is upheld, it will recognize the 2006 May Crimes as serious human rights violations and consequently render them not subject to a statute of limitations for the purposes of civil liability and the adoption of measures to prevent repeated offenses. Conectas and the Independent Mothers of May Movement are monitoring the appraisal as amicus curiae.
The rapporteur of the appeal. Minister Teodoro Silva Santos, voted in favor of the request. In a forceful and highly technical statement, Santos highlighted that in cases of serious human rights violations the state has an obligation to ensure accountability and reparation. “The application of the statute of limitations represents an obstacle to the effective investigation of the facts and the punishment of those responsible, violating the principles of justice and the protection of victims,” the rapporteur stated in his vote.
Gabriel Sampaio, Director of Litigation and Advocacy at Conectas, opened his oral statement by focusing on the story of the mothers and relatives of the victims of the massacre. “We are talking about the action and omission of the State regarding the death of Débora Maria da Silva’s son, Rogério, a street sweeper, who was working for the state cleaning the dirt left on the streets by society. He was executed. We are talking about Ana Paula, who was nine months pregnant, the daughter of Verá Lúcia. In addition to the bullets that cut short the lives of their children, these women have suffered all manner of humiliation that the State is capable of inflicting,” he said.
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The trial was suspended following a request for review by Minister Marco Aurélio Bellizze and is to return to the STJ plenary at a later date for the other ministers to present their votes. If the appeal is upheld and it is confirmed that the May Crimes are not subject to a statute of limitations, there will be a permanent obligation to hold the Brazilian government and the officers involved in the killings accountable. Furthermore, the victims’ families will secure their right to reparation and compensation.
The May Crimes is the name given to the massacre carried out by public security officers in the Baixada Santista region of São Paulo between 12 and 21 May, 2006, which claimed the lives of 564 people, left 110 injured, and led to the forced disappearance of at least four others. The killings took place as part of a revenge operation undertaken by the security forces.
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