00: 03:
45: 19, Preacher:
There are
no words, no gestures, there is nothing my God, that can be said
or spoken
at a time like this.
You know
well, you know each one by name, Lord.
And you
look at the heart of each one at that time.
Take that
family in your hands, take these five families in your hands.
00: 04:
10: 23, Protesters:
These pigs
have to pay.
We had an
education and we were educated for that. Unfortunately, we were humble and
we lived
in a slum.
00: 07:
08: 06, Marcia Oliviera, Mother of Wilton and Wilkerson:
I was the
first to arrive. Then I went, when I got there I didn't see anyone
because
their car was all out, and they were all in the corner like that, hidden
lowered.
Then I
went running after the car, then when I looked like that, I saw that they were
the cops I
went, raised my hand.
"I am
a mother, I am a mother!", "I am a resident, I am a resident!",
"Not a bad guy, right?
no bad
guy! "
Then they
started: "Come back, come back! Come back, motherfucker, come back! I'm
going to shoot,
I will
shoot, I will shoot! "talking to me.
Then I
said: "I am not going back, that I am their mother, they are not
criminals,
there are
only young people in the car. They are not bandits. "
"Come
back, come back!"
I said,
"I'm not going back!"
Then I
went, I went, I went, I was here so the car was here, look. The light is
on,
then I saw
that they would not leave.
I took:
"Junior, Junior, Junior, Junior!"
Then I saw
him moving, then I despaired. I said: "Young man, for God's sake they
are so
alive
young man, for the love of God help them! UPA is nearby, boy, UPA is
nearby! "
He
didn't. He let them stay there, dying there. Until dead. Did not
let.
I still
said: "They are all children, for the love of God help them,
help them,
they are not a bandit. ".
Then I saw
when the policeman had the glove in his hand, then he took the gun, then he put
it on
ride,
which was her son, in the hand like that the gun. Then that same gun he
threw
so on, on
the car wheel, underneath.
Then the
trunk was open, I think they were trying to open it,
at least
throw a rifle in there, damn it, to say they were bandits.
00: 09:
43: 11, Protestors at Guanabara Palace - Rio de Janeiro's Government
Headquarter
The
cheapest meat on the market is black meat!
The
cheapest meat on the market is black meat!
The
cheapest meat on the market is black meat!
The
cheapest meat on the market is black meat!
There is
no forgiveness, no way!
This
police is killing the black people!
There is
no forgiveness, no way!
This
police is killing the black people!
There is
no forgiveness, no way!
This
police is killing the black people!
Because
today your son Johnatha would be 21 years old. Therefore, we have to
scream out
loud so that she can hear and know that she is not alone!
Johnatha,
present!
Johnatha,
present!
Johnatha,
present!
Johnatha,
present!
00: 11:
05: 21, Ana Paula Olivieira
I was like
that when I was flying a kite with Johnatha.
I said:
"Oh son, go! Go grab it, go grab it!"
And
whenever he used to fly a kite on top, when I climbed on the slab, I always
said:
"Let
the mother give a tip there."
00: 11:
33: 18, Protestors at Carioca Square 'Protest Against the Various Forms of Violence
that Kill Women in the Favelas
We, slum
women, from all slums are here to report violence
that we
suffer every day. Only our union is capable of ending violence
that we
suffer every day. It's us for us!
00: 12:
16: 21, Ana Paula Olivieira
My name is
Ana Paula. Ana Paula Oliveira. I am 39 years old, and I am born and
raised
in the
Manguinhos slum. And last year, my son would become another victim
of this
police violence that is installed there in all the favelas of Rio de Janeiro.
I am the
mother of Johnatha, with great pride. My son was only 19 years old,
a lot of
desire to live. But unfortunately, on May 14, 2014, three days after
on
mother's day my son would leave home to take his girlfriend over to her house.
It would
go through a mess, where a group of policemen from the UPP of Manguinhos would
be
and some
residents arguing. Some policemen in that group shot high,
to
disperse those people. While people ran, trying to protect themselves,
a police
officer from the Manguinhos UPP would point a gun and shoot to kill.
My son was
murdered at the age of 19 with a shot in the back, totally
helpless. My
life is to "join" other mothers, to be in the struggle bearing the
name
of my son,
taking my pain, taking my cry of love for my son
seeking
justice.
You are
Rafael's mother!
00: 14:
27: 02, Raphael's mother
God bless
you. It was great to meet you. You don't know how good it was for
it was
this meeting with you, because it helped me a lot, a lot. Has helped me
much, see?
00: 14: 45:
23, Ana Paula Olivieira
Fists in
the air. We are not a minority, huh?
OK?
00: 14:
51: 17, Grieving mother
We
relapse, but I couldn't help being here, understand?
00: 15:
00: 22, Alexandre Abrahao, Judge, Third Criminal Court
The
accused, a military policeman, freely and consciously, fired a firearm from
fire
against Johnatha de Oliveira Lima, causing the bodily injuries that were
the
efficient cause of his death, according to the examination report in the file.
It appears
from the survey that on the day of the events, the residents of the community
protest
against the actions of the military police of the Pacifying Police Unit.
Since the
defendant fired a firearm at the group,
assuming
the risk of death.
You can,
from now on, tell us everything you know, if you remember
or heard
about these facts? You can narrate.
00: 15:
44: 00, Manguinhos Pacifying Unit Lieutenant, Witness
Yes
so. On the day, right, what happened, what happened, we were in the
locality
known as
Korea, in the container. We joined two groups, two garrisons,
because we
had the report, right, from a resident, that a certain place was
being, it
is ... keeping numbing material.
When we,
my garrison and I went to try to get out of the house, we already
I couldn't
get out of the street anymore. We started getting a lot of shots, that we
at first I
couldn't see where they were coming from, where they were starting from.
Many
stones, bottle, which is what they already played normally.
In this,
Marcellin and the garrison also came to support us and it was intense
exchange
of shot. When we were arriving at the police station, Maré 22 reported
for our
supervision that a wounded boy had arrived at the UPA, so we went
to UPA,
colleague Nicolau entered and recognized him.
He said:
"Larissa, who was Doquinha", who was Johnatha's name. Then I said:
"Wow!
Was he dead?"
Then he
said: "Yeah, he died."
And then
we found out it was Doquinha, that we already knew he was part of
of the
traffic in Manguinhos. For us, beauty, that we had already seen him in
through
the confrontation, and then we found out that one of the dead was him, right.
00: 17:
20: 12, Fabiola Canabarro, Public Prosecutor
You four,
being shot at, was any policeman hit?
00: 17:
25: 23, Manguinhos Pacifying Unit Lieutenant, Witness
Do not.
00: 17:
27: 09, Fabiola Canabarro, Public Prosecutor
Did any
stone and bottle hit you?
00: 17:
31: 03, Manguinhos Pacifying Unit Lieutenant, Witness
Ah, it
hit. Quite.
00: 17:
32: 22, Fabiola Canabarro, Public Prosecutor
OK. Did
you get medicated? You came to be ...
00: 17:
36: 11, Manguinhos Pacifying Unit Lieutenant, Witness
No, no.
00: 17:
37: 15, Fabiola Canabarro, Public Prosecutor
Did you
see Doquinha in that group?
00: 17:
40: 20, Manguinhos Pacifying Unit Lieutenant, Witness
When there
was the shooting, I was unable to recognize it effectively. I just
I managed
to recognize one, because that's what I shot directly. When we
started to
approach and see these other dealers shooting, I couldn’t
actually
see that it was Doquinha. I did not see. I just managed ...
00: 18:
04: 16, Fabiola Canabarro, Public Prosecutor
And the
lady was a tip.
00: 18:
06: 11, Manguinhos Pacifying Unit Lieutenant, Witness
That.
00: 18:
07: 12, Fabiola Canabarro, Public Prosecutor
So the
lady in front couldn't see Doquinha.
00: 18:
10: 20, Manguinhos Pacifying Unit Lieutenant, Witness
No,
because when, we ... I ran. And when I was having support, I
I just ran
to take shelter, I didn't pay attention ...
00: 18:
17: 14, Fabiola Canabarro, Public Prosecutor
Okay, but
the lady was a tip.
00: 18:
19: 14, Manguinhos Pacifying Unit Lieutenant, Witness
That.
00: 18:
20: 03, Fabiola Canabarro, Public Prosecutor
IS. And
the lady, the first, was unable to see Doquinha.
00: 18:
24: 07, Manguinhos Pacifying Unit Lieutenant, Witness
No, I
didn't see it.
00: 18:
26: 09, Daniel Lozoya, Public Defender, Human Rights Representation
The lady
was only with a pistol.
00: 18:
28: 23, Manguinhos Pacifying Unit Lieutenant, Witness
That.
That.
00: 18:
30: 17, Daniel Lozoya, Public Defender, Human Rights Representation
And how
many shots did you shoot?
00: 18:
32: 10, Manguinhos Pacifying Unit Lieutenant, Witness
I fired a
shot.
00: 18:
34: 09, Daniel Lozoya, Public Defender, Human Rights Representation
The lady
said it was an intense exchange of shots and only fired one shot.
00: 18:
38: 09, Manguinhos Pacifying Unit Lieutenant, Witness
From the
moment that the aggression ceased, I have no need to effect
I shoot at
random, at risk of hitting some resident, some innocent.
00: 18:
49: 16, Alexandre Abrahao, Judge, Third Criminal Court
Thank you
lady, signing is free, good afternoon.
Good
afternoon.
Usually
someone comes from the press office, an intern ...
Good
afternoon.
00: 19:
00: 12, Providencia Pacifying Police Officer, Defendant.
Good
afternoon.
00: 19:
01: 12, Alexandre Abrahao, Judge, Third Criminal Court
Have you
been arrested or prosecuted before?
00: 19:
03: 12, Providencia Pacifying Police Officer, Defendant.
Yeah, I
was unfairly arrested, and thank God I was able to resolve it, prove it ...
00: 19:
08: 17, Alexandre Abrahao, Judge, Third Criminal Court
But for
this fact?
00: 19:
09: 23, Providencia Pacifying Police Officer, Defendant.
No, no,
sir. It was for another reason.
00: 19:
12: 14, Alexandre Abrahao, Judge, Third Criminal Court
You can
now start narrating whatever you want in the exercise of your self
defense?
00: 19:
18: 01, Providencia Pacifying Police Officer, Defendant.
We were at
... Inside the container, there we received information from miscreants forming
there in
the mouth and practicing the sale of narcotic material. When we enter the
alley we
saw the crowd running. I witnessed three distant miscreants, effecting
shots over
Larissa's garrison. It was time that I made the seven shots
and I took
shelter. And then I didn't see any more shots.
00: 19:
49: 11, Fabiola Canabarro, Public Prosecutor
Did you
see ... You fired seven shots. Did you see if any of them hit?
00: 19:
54: 00, Providencia Pacifying Police Officer, Defendant.
No. I took
the seven shots and threw myself on the floor. Because it's a quick
thing. THE
lady will
not fire and look to see who is down and who is not
it's
fallen.
00: 20:
04: 20, Fabiola Canabarro, Public Prosecutor
So you
didn't hit anyone at that moment.
00: 20:
07: 03, Providencia Pacifying Police Officer, Defendant.
In fact, I
didn't even know there were people shot at that moment. We went
to know
after about 20 minutes.
00: 20:
13: 02, Fabiola Canabarro, Public Prosecutor
Okay, so
at that moment you didn't see anyone lying down and you didn't see any trace
of blood.
00: 20:
17: 11, Providencia Pacifying Police Officer, Defendant.
None, no
trace of blood.
00: 20:
22: 20, Daniel Lozoya, Public Defender, Human Rights Representation
Tendi. In
your first testimony at the police station you said that you did not make any
shooting.
00: 20:
27: 17, Providencia Pacifying Police Officer, Defendant.
Yes sir.
00: 20:
30: 15, Daniel Lozoya, Public Defender, Human Rights Representation
Why,
forgot?
00: 20:
32: 05, Providencia Pacifying Police Officer, Defendant.
No, I
haven't forgotten. I was without my lawyer, and I was afraid of being
arrested
also
because I was improperly arrested
00: 20:
42: 03, Ana Paula Olivieira
Um,
unfairly.
00: 20:
43: 23 Daniel Lozoya, Public Defender, Human Rights Representation
No
further.
He spoke,
brother.
00: 20:
51: 00, Officer
Good bye.
00: 21:
06: 03, Person in Hall
Do you
want coffee, anything?
00: 21:
11: 06, Daniel Lozoya, Public Defender, Human Rights Representation
Do you
understand, more or less? It's over now, right. Now go to the final
delegations,
first the
prosecutor, then us, then the defense and then the judge will give the
decision.
OK? Decision
I hope it's pronunciation to send him to the popular trial.
Anyway, he
can still appeal against that decision. Got it?
00: 21:
31: 12, Ana Paula Olivieira
I
know. But what is all this still? Then there won't be an audience,
right?
00: 21:
35: 16, Daniel Lozoya, Public Defender, Human Rights Representation
Now there
will be no hearing until the pronunciation decision.
That will
be it.
Now it's
up to us to root for pronunciation. We will still make the final
delegations,
but we are
confident, okay?
00: 21:
59: 05, Wanderson Nogueira, VP of Parliamentary Commission of Inquiry on Police
Killings
As vice
president of the parliamentary committee of inquiry to investigate
the
records of resistance and death resulting from police actions in the state,
resolution
number 138
of 2015. Opening this work for this third meeting
meeting
that aims to hear Colonel PM Alberto Pinheiro Neto, commander
general of
the military police of the state of Rio de Janeiro.
00: 22:
20: 14, Colonel Alberto Pinheiro Neto, Police Commander (2014-2015)
Because
the policeman who had been trained for a reality, he now, he starts
to face a
new challenge. Huh? They are police officers who have been trained in
crisis,
for you .. Closer to the population, these policemen end up leaving
for a
confrontation. And this action of going to confrontation we have as
victims
and we
have citizens as victims.
We also
observed in a study by the military police that there was an increase
of
confrontation between alien marginals and alien marginals. So the question
of homicide
resulting
from police intervention is a part of the whole.
00: 23:
02: 20, Michel Misse, Sociologist, Federal University of Rio
Between
2002 and 2010 ... Between 2002 and 2010, we had about approximately
10,000
deaths of resistance cars in Rio de Janeiro. These are staggering numbers.
Amazing. No
country in the world has the data for a suburb of Rio de Janeiro
like
these.
00: 23:
27: 17, Daniel Lozoya, Public Defender, Human Rights Representation
Lethal
force is not lawful. It is not lawful to take life based solely on
alleged
resistance to arrest. The only hypothesis that could justify the murder
would be
self-defense. Good.
And this is where we get into the most complicated situation. The
police
officers always claim self-defense today. The situation of the allegation
of
that the
opponent, supposedly, was armed and offered resistance through shots is a
modus
operandi standard in the police officers' allegation in these situations.
00: 24:
16: 21, Fatinha Silva, Mother of Hugo Leonardo, Killed in 2012
I didn't
even expect him to be executed on his knees, with his shirt over his mouth,
with
4 ...
There were 5 policemen. On a ladder. To say that it was
self-resistance, that it was a group
of
traffickers ... Which is what the media, without shame, goes through. That
was a group of
drug
dealers who ran and only Hugo got a 38. Lie. On-site expertise? No
had. It's
a lie. The only truth here is that my Negro, he served time. He did.
He paid
what he owed. But I think that it shouldn't be for that reason to take
life and dirty the
his name
saying: "Another drug dealer killed with a gunshot." Still
threatened
the
residents of the alley demanding sheets to carry the body and the residents not
they
wanted to give. And they started shouting, "If you don't throw a
sheet, I'll be back here
and I do
it with you too. "
00: 26:
06: 00, Fabio Uchoa, Apellate Judge
Often,
this is almost a practice, these acts of resistance ... For example,
there was
an intervention in any favela with 5, 6 dead. That resistance self
many times
it will only appear in court, this investigation will only end, which
incidentally
usually
none, 10 years from now. Then leaves swell, those
papers are
getting old, all dusty, and then 5, 6, 7 years from now who
can i hear
to clarify this? How can I make a new skill on the corpse
to see the
conditions that the corpse got there if the corpse has already decomposed and
only has
even
bones?
00: 26:
48: 03, Fernando Veloso, Chief of Civil Police (2014-2016)
We use the
term "resistance auto" a lot, which is a misnomer. Self
of
resistance, it was once an instrument used, which was a self. It was a
play
only, that
piece was written and the matter was all resolved. So it went well
done, it
was done poorly ... Everything was settled there. Rio de Janeiro does not
work with auto
of
resistance to a long time. There is no resistance car in Rio de
Janeiro. There is not.
In Rio de
Janeiro there is a police investigation.
00: 27:
11: 12, Marcelo Freixo, Rapporteur, Parliamentary Commission of Inquiey on
Police Killings
When you
say like this: it's an inquiry, right? It will be investigated. This
gives a vision that
is not
matched in reality. Because 98% of cases, 98% of cases are
archived.
00: 27:
22: 12, Paulo Roberto Cunha, Public Prosecutor
The
policeman who kills and cheats a resistance car, he's working on it
on top of
their empirical knowledge. Because if he kills 10 and is reported by one,
if he
kills 100 and is reported by one, the odds are in his favor,
give ...
What goes wrong is what comes out of the curve.
00: 27:
41: 10, Police Officer
Stick to
him, Marcão!
Caralho,
biggest block there at Eco, see?
And the
world ends.
It's
closed.
00: 28:
42: 07, Chauan's friend
Does it
hurt, Chauan? Calm!
Or, no one
has a car there to take him?
00: 29:
09: 10, Police Officer
Get up,
get up!
Calm!
Take it
easy, this is the police! Calm down, it's the police!
Go boy,
you can save him! Go boy!
It's my
brother!
00: 30:
01: 17, Person in crowd
Save him,
boy!
00: 30:
04: 15, Police Officer
Come in!
00: 30:
37: 13, Guilherme Grandmasson, Judge
As noted,
when noting that the victims were not drug dealers,
denounced
seized two firearms: a 38 caliber revolver and a pistol
380, as if
from the victims. Then initiating a police investigation that
culminated
in the flagrant arrest of the surviving victim.
00: 30:
58: 03,
Good
afternoon, Chauan.
00: 30:
59: 05, Chauan Jambre, Survivor
Good
afternoon.
00: 30:
59: 22,
What
happened that day, involving you, Alan and the police.
00: 31:
07: 21, Chauan Jambre, Survivor
So,
doctor. Yeah ... Good afternoon to everyone. It happened that we were
at the door of
home,
right, as it was without light from 8 in the morning until 11 and little at
night.
That's
when I got home from work. Alan came to my house, to the house where I
he was,
and asked if I wanted to go to the mall with him to buy a perfume.
And until
then we went to the mall, bought the perfume, we came back. As it was
very hot,
it was hot, right, we stayed at the door playing and recording
video. That
was when we started playing, recording video, and Alan went and did a
play with
me. He said like this, yeah ... As there was no light, I put the light on
camera on
my face and took it off, and said: "Camouflage, camouflage!"
I said,
"What a guy, stop it." It was time that I went after him and
I heard
the shots.
00: 32:
02: 17, Alan
What was
it, Chauan? Focus on Chauan!
Which is
it, man?
00: 32:
09: 17, Chauan Jambre, Survivor
Tin, po.
00: 32:
11: 04, Alan
Tin?
00: 32:
14: 09, Boys in Footage
What's the
fun with the stuff?
00: 32:
17: 05
What's the
fun? I don't think it's funny.
00: 32:
21: 12 Boys in Footage
No, no,
no.
I didn't
understand, but I love it.
Shoot
here, where's the fun?
Where's
the fun?
00: 32:
25: 11 Boys in Footage
The grease
is there in the tire company.
Look at me
without laughing.
Give us a
little smile to see.
00: 32:
30: 13, Alan
Camouflage,
camouflage!
00: 32:
49: 16, Chauan Jambre, Survivor
When we
ran I heard the shots, I saw it was bleeding, with the
bleeding
chest. Then the police got out of the car and asked why we were
running. Then
I told him that we were just playing, that's all.
00: 33:
05: 09, Fabiola Canabarro, Public Prosecutor
Did you
later do the recon, any recon at the police station?
00: 33:
11: 14, Chauan Jambre, Survivor
No. From
the police?
00: 33:
12: 15, Fabiola Canabarro, Public Prosecutor
No? Weren't
you called to the police station?
00: 33:
15: 19, Chauan Jambre, Survivor
I went, I
went. That I was arrested.
00: 33:
18: 03, Fabiola Canabarro, Public Prosecutor
Okay, so
why were you arrested?
00: 33:
21: 07, Chauan Jambre, Survivor
Because
they said there was a change of shot, right, and there wasn't.
00: 33:
26: 21, Fabiola Canabarro, Public Prosecutor
OK. You
came to recognize, at the police station you said that you did not
recognize
any police officer. Why? Were you not shown a police officer?
00: 33:
36: 19, Chauan Jambre, Survivor
No,
because when I arrived at the police station, I already went to the cell.
00: 33:
43: 08, Daniel Lozoya, Public Defender, Human Rights Representation
Good
afternoon.
Do you
know why your son got stuck?
00: 33:
49: 20, Adilson Cezàrio, Chauan's Father
I just
learned that they planted two guns on him. And he has no need for that.
Although
we are poor, but he has no need to stick his hand in
weapon.
00: 33:
58: 17, Daniel Lozoya, Public Defender, Human Rights Representation
And do you
know why your son was released?
00: 34:
02: 05, Adilson Cezàrio, Chauan's Father
Thank God
and the lawyer.
00: 34:
05: 06, Daniel Lozoya, Public Defender, Human Rights Representation
But you
know ...
00: 34:
06: 08, Adilson Cezàrio, Chauan's Father
And try
them. And the hard evidence he had, right, through ...
00: 34:
11: 06, Daniel Lozoya, Public Defender, Human Rights Representation
Any
special evidence? Do you know?
00: 34:
14: 07, Adilson Cezàrio, Chauan's Father
Sir, the
proof that helped him at the moment, thank God, was the shooting of the cell
phone.
00: 34:
46: 08, Woman off screen
In my 20s,
before I left home, it was my mother's job to say that I was going to
park. "Mom,
I'm going to the park with the kids."
00: 34:
55: 17, Marcia
It looked
like he was even saying goodbye, because, right, when I'm at the store
and soon
he and his other brother, the youngest, will come. Then I: "What's
up, Junior?"
He:
"No, I stopped by the bank, then I came to tell you that Keo and I are
going, we are going to
Madureira. Here
I go, Wilkerson ... ". Then he spoke the name of the whole boy. Then Edi
said
who was
also going to come, then he said: "I'm going to get my car there at the
garage,
that is
there in the workshop ... Is it dangerous for us to go by car? "."
No, you go with
document.
". He:" Okay. "Then I:" Okay, now you're waiting ...
"I said
"Don't
walk around behind me, just wait at the counter and I'll be back."
He went
after me back and forth, walking, walking, walking. Then I even
I told the
girls that he was saying goodbye. He went for a snack and didn't come
back.
00: 35:
48: 19, Paloma
I wasn't
having an operation, I wasn't having anything. There was no police, no
bandits.
There was
nothing, the hill was normal. That they went out to lunch. It was
normal.
There was
a party there, there was a party here, everything was normal.
00: 36:
03: 17, Marcia
He still
got it ... He still said it like that ...
00: 36:
03: 19, Paloma
Mother,
the sheriff.
00: 36:
11: 06, Marcia
Hello. Hi,
right, Paloma no, it's ... Hi. Right, Paloma, it's her mother, Marcia.
00: 36:
20: 04, Police Chief
Hi Marcia.
00: 36:
21: 04, Marcia
Hi, how
are you.
No, I will
... I thought better, I will wait right here, that I am already here
already,
from where ... From what happened, where it will be, then from here I will
go. I prefer to come from here
really,
it's better, okay?
00: 36:
35: 12, Police Chief
Have you
notified your granddaughter's father?
00: 36:
38: 14, Marcia
He's here
with me. He's going ... Okay, he's ... Are you coming yet?
Already,
already.
Fine. OK. You're
welcome.
00: 36:
52: 15, News Reporter
Ana Luiza,
good night to you, good night to everyone. Look, the reconstitution must
start
shortly. The police are just waiting here, dusk,
exactly to
reproduce the lighting conditions of the time, the moment of
crime. Witnesses
will participate in this reconstitution, but the police are not
obliged to
participate. At least the two have already said they will not collaborate.
The police
hope, with this reconstitution, to clarify which version is valid: if it is the
PMs, or
witnesses.
00: 37:
54: 11, Criminal Expertise (Jacket)
Dona
Marcia, tell the story.
00: 37:
57: 13, Marcia
When I got
there, more or less there, the policeman came and said: "Come back,
back, that
if I'm not going to shoot. Come back, come back! ". I said:" It's
my son in the car,
let me see
what happened! My son, my son! ". Then he took it and said
like:
"Come back, come back! We shouldn't go anymore!"
00: 38:
14: 15, Criminal Expertise (Jacket)
The pistol
part, how did it go?
00: 38:
16: 14, Marcia
He was
moving ... He first opened the car door, then he moved the car,
moved the
ride there and then put the ride back in place.
00: 38:
25: 02, Criminal Expertise (Jacket)
Did he get
the body out?
00: 38:
26: 20, Marcia
No, he
just took it out, out like this and put it back. Just a little. And
put
back ...
Then he was with, I don’t know what he did here, he moved, took a
black
business. That was after we took a picture of the gun there. Then
took it out and put it there
under the
wheel there. He put it here, look.
00: 38:
43: 21, Criminal Expertise (Jacket)
He put it
there.
00: 38:
44: 22, Marcia
On here.
00: 38:
46: 18, Criminal Expertise (Jacket)
OK.
Then you
go back to where you were.
00: 39:
06: 22, Marcia
I'm living
it all over again.
The cops
are inside the caveirão. The cops are inside the caveirão. Those who
...
00: 40:
05: 03, Fabiola Santoro, Officer's Defense Attorney
It was a
situation that there was a lot of media exposure. The local siege, in my
opinion,
it is not
done properly. Lots of people on site. They were already massacred,
why come
here to show your face? They want to collaborate with justice, not so
here wanting
to expose themselves. Understood?
00: 40:
18: 18, Marcelo Gil, Lawyer
The media
also exposed their image. In fact none of the witnesses here
I would
recognize them if it weren't for the media.
On the day
of the events there were two clashes. While the cargo truck was still
being
ransacked, there were motorcyclists, bandits, giving guardhouses. Because
like here, it's ...
They steal
the cargo, take what they want. What they can't take, they make a
containment
for the community to take. At that, the garrison arrived. There was a
first confrontation,
no one was
hurt, the miscreants escaped. In that they are returning to
take the
car, everything happens to me.
00: 41:
00: 10, Witness in Mask
So, sitting
like that facing there. Body out. That, and holding ... No.
with both
hands like this, look. Like that there, pointing there. He fired ...
It slipped
like this, look. When I see him on the other side of the car, he is no
longer
with the
body not like that, he already got inside the vehicle.
00: 41:
28: 06, Unidentified, Male
Good
afternoon, Mr. Jorge. Can you speak your full name, please?
00: 41:
31: 02, Jorge Roberto Penha, Betinho's Father
My name is
Jorge Roberto Lima da Penha.
00: 41:
33: 03 Unidentified, Male
And how
old are you?
00: 41:
34: 02, Jorge Roberto Penha, Betinho's Father
50 years.
00: 41:
35: 02 Unidentified, Male
Profession.
00: 41:
36: 00, Jorge Roberto Penha, Betinho's Father
Electric
welder.
00: 41:
38: 20, Edison Ferreira, Lawyer
There in
the place ... In the place where they lived, it is a dangerous place, a place
of trafficking ... One
traffickers
dispute place?
00: 41:
50: 15, Jorge Roberto Penha, Betinho's Father
There is
no dispute for anything, not a criminal faction. And you can see, if there
was a dispute
criminal
faction, the police were not there in that area there, hidden there in that
area over
there.
00: 42:
00: 19, Edison Ferreira, Lawyer
Regarding
Wesley and Cleiton. Have you heard anything, they spoke
anything
from them?
00: 42:
07: 13, Jorge Roberto Penha, Betinho's Father
No.
Nothing to declare from them.
00: 42:
08: 23, Edison Ferreira, Lawyer
Never knew
they had prisoners?
00: 42:
10: 14, Jorge Roberto Penha, Betinho's Father
Do not.
00: 42:
12: 00, Daniel Lozoya, Public Defender, Human Rights Representation
Mr. Jorge,
now I would like you to say what were the consequences of the
of losing
your young son.
00: 42:
21: 04, Jorge Roberto Penha, Betinho's Father
This is
the most painful part of it. 16 year old boy, working and studying,
full of
life ahead ... full of life ahead, a huge life to live.
I was
happy with life, working and studying. It was home, work, home ... I said:
"Betinho,
now you are in a good phase of your life, look. You are 16 years old with a
wallet
signed. Here
in Brazil when 17 years old nobody signs the wallet anymore, which
it is up
to the army. Nobody signs the wallet anymore. "He was fine with the
life,
happy of life. Signed portfolio and study. He was fine with life,
he. They took
the boy's
life. 111 shots. And still shooting at the roof, they shot the roof
of the car.
00: 43:
08: 19, Fàbio Vieira, Public Prosecutor
Tell me
one thing. When you passed a motorcycle, you stopped and watched the
things
from where? Show from here.
00: 43:
14: 07, Witness
At the
turn there.
00: 43:
16: 08 Fàbio Vieira, Public Prosecutor
Come here,
come here. That second post?
00: 43:
23: 09 Witness
Yeah, on
that one. Then my brother-in-law and I came back to see.
00: 43:
26: 07 Fàbio Vieira, Public Prosecutor
You were
looking from there, before the catwalk, from here to there the second post.
00: 43:
30: 07 Witness
Not
here. Yeah, that post here, the first, the second there.
00: 43:
32: 21 Fàbio Vieira, Public Prosecutor
From there
you were watching.
00: 43:
33: 18 Witness
IS.
00: 43:
34: 09 Fàbio Vieira, Public Prosecutor
Fine.
They say
there was a tramp on the catwalk ... More than 100 meters, it gives about 120
from
there. And there were people who arrived by the train line. Because
their claim, that they
they were
here on fire from people on the catwalk and tramp on the train line.
00: 44:
07: 23, Fàbio Vieira, Public Prosecutor
What did
you during the day?
00: 44:
09: 10, Wilkerson Oliveira, Survivor, Marcia's Son
We were
still at Madureira park.
00: 44:
11: 11, Fàbio Vieira, Public Prosecutor
What time
did they return from the park?
00: 44:
14: 00, Wilkerson Oliveira, Survivor, Marcia's Son
We came
back it was like ... 9 hours. Then we went home, we went to get money to
buy
the
snack. Then we were coming, then when I passed him we looked to the side
and
was the
car. Then they came ... The police came running and started shooting.
00: 44:
32: 22, Fàbio Vieira, Public Prosecutor
OK. Did
your brother stop the car?
00: 44:
35: 05, Wilkerson Oliveira, Survivor, Marcia's Son
No, they
didn't even scream to stop them. They already came shooting
already. When they
they
shouted from inside the car: "He's a resident, he's a
resident!" Then they started shooting
onto the
car.
00: 44:
46: 02, Fàbio Vieira, Public Prosecutor
Your bike
has been hit.
00: 44:
48: 08, Wilkerson Oliveira, Survivor, Marcia's Son
On the
tire.
00: 44:
49: 16, Fàbio Vieira, Public Prosecutor
Front or
rear?
00: 44:
50: 16, Wilkerson Oliveira, Survivor, Marcia's Son
From
behind.
00: 44:
52: 04, Fàbio Vieira, Public Prosecutor
And when
it was shouted that it was a resident, did the police stop shooting?
00: 44:
57: 10, Wilkerson Oliveira, Survivor, Marcia's Son
They
didn't. I accelerated the bike and had a corner, then I stopped the bike
at the corner,
I came
back running, then they still came up to the car shooting still.
00: 45:
08: 06, Fàbio Vieira, Public Prosecutor
You
watched.
00: 45:
09: 14, Wilkerson Oliveira, Survivor, Marcia's Son
IS.
00: 45:
16: 15., Ubiratan Guedes, Lawyer
Inside the
park itself, how long did you stay?
00: 45:
21: 01, Wilkerson Oliveira, Survivor, Marcia's Son
We stayed
a long time.
00: 45:
22: 14, Ubiratan Guedes, Lawyer
Like like
5 hours?
00: 45:
24: 03, Wilkerson Oliveira, Survivor, Marcia's Son
IS.
00: 45:
24: 23, Ubiratan Guedes, Lawyer
And why
wasn’t that snack there, you had to come home to do the
snack?
00: 45:
29: 02, Wilkerson Oliveira, Survivor, Marcia's Son
No,
because there was going to be Filipe Ret. Then we went there, there would
not be. Then we stayed one
a little
while ago, we went for a walk in the mall and went back there to the hill
again.
00: 45:
41: 01, Ubiratan Guedes, Lawyer
You, yes,
came to testify here today. And have you been threatened by
anyone? For some
police
officer?
00: 45:
49: 18, Wilkerson Oliveira, Survivor, Marcia's Son
Do not.
00: 45:
51: 01, Ubiratan Guedes, Lawyer
No? You
say you're not sleeping. After these facts someone came to you
at your
house to threaten you?
00: 45:
56: 15, Wilkerson Oliveira, Survivor, Marcia's Son
No, only
my friends are saying that the police are going to do an operation, then
asks where
the relatives of the victim who happened this here live.
00: 46:
11: 00, Fàbio Vieira, Public Prosecutor
And what
was the attitude of the police?
00: 46:
13: 05, Marcia
One came
up against me, then he came: "Come back, come back!" ... I can really
say what
he said?
00: 46:
19: 17, Fàbio Vieira, Public Prosecutor
It's to
say everything.
00: 46:
20: 19, Marcia
"Come
back, come back! Come back, come back! Come back, come back! Come
back!" Then I said: "I don't
I'll be
back. "with my ID in hand. Then I started screaming:" I'm not going
back! And my son
who is in
the car, there are only young people, there are no criminals, they are
everything
resident,
I will not come back! ". Then he:" Come back, come back! "Then
he came, he came with the gun like that, there
it was
like that, because he saw that I was already very close.
00: 46:
42: 07, Fàbio Vieira, Public Prosecutor
Was it a
long weapon?
00: 46:
43: 12, Marcia
Hi?
00: 46:
43: 23, Fàbio Vieira, Public Prosecutor
A long
gun?
00: 46:
45: 12, Marcia
No, with
the small gun he had. There...
00: 46:
47: 06, Fàbio Vieira, Public Prosecutor
A pistol,
a revolver?
00: 46:
48: 11, Marcia
And
is. Then he came very close to me and pulled over.
00: 46:
52: 02, Fàbio Vieira, Public Prosecutor
And put
the barrel of the gun against the lady?
00: 46:
54: 10, Marcia
Touched.
00: 46:
54: 23, Fàbio Vieira, Public Prosecutor
And pushed
the lady with the barrel of the gun?
00: 46:
56: 00, Marcia
Yeah,
because I was already close to the car.
00: 46:
58: 18, Ubiratan Guedes, Lawyer
You
learned that on the day of these events, the theft of
cargo,
beer, at the scene? That a truck was being spawned, yeah, plucked
at that
location?
00: 47:
13: 04, Marcia
No, if
there was a truck being plucked I don't know, but there was ... But it was
early, I
I heard
that there was an incident there, but it was early. It had nothing to do
with this
of the
boys in the car. There was no way they could confuse anything.
00: 47:
30: 21, Court Official, Male
You will
be placed in a reconnaissance room to point out which would have been
the
accused who practiced certain behaviors that you described.
00: 47:
40: 22, Marcia
Will they
see me?
00: 47:
42: 01, Court Official, Male
No. This
window is made of smoked glass. It has insulfilm. So outside, whoever
is there doesn't see
you are
here and you look at which one would be that person who was
with the
glove.
00: 47:
52: 07, Marcia
The one
with the blouse ... He who came near me.
00: 47:
56: 10, Court Official, Male
The one
with the white blouse? What you say is what ... 1, 2, 3, 4.
00: 48:
01: 01, Marcia
What is 1?
00: 48:
03: 09, Court Official, Male
The 1 is
the ... The left side.
00: 48:
03: 20, Marcia
The 2.
00: 48:
03: 23, Court Official, Male
The
2? That's what you said ...
00: 48:
05: 05, Marcia
IS.
00: 48:
07: 16, Court Official, Male
What was
his conduct?
00: 48:
08: 16, Marcia
He who
came at me, doing things to me, not letting me stay close to my son.
00: 48:
14: 00, Court Official, Male
And he
with the glove?
00: 48:
15: 07, Marcia
No.
Whoever had the glove was that other.
00: 48:
17: 22, Court Official, Male
What
other? 1, 2, 3 or 4?
00: 48:
20: 01, Marcia
The 1.
00: 48:
20: 01, Court Official, Male
The 1?
00: 48:
20: 09, Marcia
IS.
00: 48:
21: 11, Court Official, Male
OK.
You just
won't be going back the same way now, you can now ...
Yes
Yes. Only she can no longer pass by.
00: 48:
37: 08, Court Security, Male
I take the
lady there.
00: 48:
38: 13, Court Official, Male
Excuse me.
00: 49:
09: 14, Marcia
You can change,
cut your hair, do whatever ... I doubt I don't know them.
Naughty. Now
he kills 5 people and then he wants to look innocent.
00: 49:
33: 01, Ana Paula Olivieira, Manguinhos Community Forum: Call For Justice
Straight
talk I'll give you the vision.
Since the
real thing is not seen on television.
The
problem is not mine, nor yours.
It's ours,
didn't you know?
Fists
cutting through the air.
Fists
cutting through the air.
Fists
cutting through the air, we are not a minority!
Today the
quilombo comes to say!
Favela
comes to say!
The street
comes to say, it's us for us!
Today the
quilombo comes to say!
Favela
comes to say!
The street
comes to say, it's us for us!
It's us
for us, damn it!
We want to
see these cowards punished! It is the least that this State can give us as
answer! It
is the least that this murderous state can give as an answer to a
mother who
had her child removed from her life.
00: 50:
24: 00, Glaucia Dos Santos, Mother of Fabricio, Killed in 2014
My son was
shot in the head. They didn't even have to leave
of the
vehicle, okay? They said it was a shootout in Capadão, ok? And there
was no shooting,
huh. They
took advantage of the lack of light, but my God is so faithful that the filming
of the post
showed. OK? My
son just put gas and refueled. He stopped, who was startled by
they, they
didn't even leave the vehicle. They shot my son in the head with
a 762
rifle. They got there and said what they wanted.
00: 50:
56: 22, Monica Cunha, Mother of Rafael, Killed in 2006
And don't
think it's just us. That we are a rare item. It's with
everyone! Mainly
black
people. Because that state is racist. The military police are racist,
no matter how
most of
them are black. But their training is to kill.
00: 51:
17: 19, Man with Camera
Allah they
messing with the kid. I heard the kid doing: "Ouch, ouch, ouch to!
Ouch, ouch, ouch
stop!
". The police are talking. 5 o'clock in the morning. The boy was on the
floor, man,
hello
look. The boy is on the floor, he said "Ouch, ouch,
ouch!". I saw it, I got up on the first shot.
00: 51:
52: 02 Woman behind Camera
I
listened.
00: 51:
55: 00 Man with Camera
I got up
on the first shot, he put the point blank. Allah the boy on the floor,
full
of
blood. There!
00: 52:
00: 18 Woman behind Camera
There I
hear gunshots. We just heard it like this: "Ouch, ouch, ouch!"
00: 52:
07: 03 Man with Camera
It was
him, it was the boy. He raised his hand, he raised his hand ... The cane
burned
clothes.
00: 52:
11: 22 Woman behind Camera
Is there a
way to add another zoom?
00: 52:
17: 11 Man with Camera
Allah
moving the boy, alas! Look at the boy, alas! They are not so looking
here
not to my
window. Allah moving the kid, look. Brand new, guys ... My leg,
shivering. Calm
down, let him ... Allah, allah. So stirring. I'm moving it.
00: 52:
59: 10 Woman behind Camera
They got
up ... A tram came from behind ...
00: 53:
05: 01 Man with Camera
Tadinho he
was going to win around here on the trail, he said "Ouch, ouch,
ouch!"
00: 53:
08: 17 Woman behind Camera
So messing
with him.
00: 53:
16: 15 Man with Camera
Allah,
allah moving the pistol. He's kicking ... No, they're shooting ... Oh,
hey!
He put the
shot on the kid!
00: 53:
35: 22 Woman behind Camera
Oh, lie.
00: 53:
39: 06 Man with Camera
Alas, left
the pistol ... That's the police. Shut up, don't say anything ... My face
...
00: 53:
50: 07 Daniel Lozoya, Public Defender, Human Rights Representation
Now ...
Are you going to insist on the girl? Because she doesn't come. I
doubt she'll show up. Jessica.
Now she
talks about the recording with someone else, I think it's another girl.
00: 54:
02: 15 Fàbio Vieira, Public Prosecutor
Who also
gives testimony. She said she was down and saw nothing.
Even the
phone was hers.
00: 54:
08: 17, Daniel Lozoya, Public Defender, Human Rights Representation
But does
it appear?
00: 54:
10: 09 Fàbio Vieira, Public Prosecutor
Neither. According
to news the two disappeared.
00: 54:
19: 05, Daniel Lozoya, Public Defender, Human Rights Representation
Homicide
does not exist. It really was ... If this video didn't exist, it would
only be
really to
the resistance self. Because you will see, they are policemen with a year,
huh?
00: 54:
30: 14 Fabiola Santoro, Officer's Defense Attorney
Not a year
...
00: 54:
31: 18, Daniel Lozoya, Public Defender, Human Rights Representation
The issue
is fraud.
00: 54:
34: 12, Fàbio Vieira, Public Prosecutor
What puts
the gun that is older there, is a handle right?
00: 54:
37: 08, Fabiola Santoro, Officer's Defense Attorney
No, he's a
soldier yet. 5 years.
00: 54:
38: 20, Fàbio Vieira, Public Prosecutor
Older
soldier then.
00: 54:
39: 11, Fabiola Santoro, Officer's Defense Attorney
IS.
00: 54:
41: 23, Fàbio Vieira, Public Prosecutor
What it
was like trying to teach others: "Here, this is how it is
done." I said, my God
from the
sky...
00: 54:
50: 03, Fabiola Santoro, Officer's Defense Attorney
It is, no,
the worst of all, the only thing that never ends ... Because Eder, the soldier
Siqueira
arrived there with the boy already dead. He entered the murder ... When he
the boy
arrived, as Marcelo says, he was no longer with us. And he's at the
murder,
he's been
in jail since October because of that.
00: 55:
14: 18, Fàbio Vieira, Public Prosecutor
Good
afternoon Dr. André.
00: 55:
15: 23, André Leiras, Chief of Police
Good
afternoon Dr. Flávio.
00: 55:
17: 02 Fàbio Vieira, Public Prosecutor
Yeah ...
What do you know about this crime? Can you narrate, please?
00: 55:
20: 01 André Leiras, Chief of Police
Yes, Your
Excellency. I was on duty at the homicide station when the head of
police
ordered the homicide station to go to the headquarters of the
fourth DP
to accompany a homicide case that was being plotted on that
by the
police authority there, in an alleged police intervention. It's the boss
police
determined that this procedure be allocated to the police station
homicides,
for the appearance of a video that concomitantly with ... the drawing up of
procedure,
appeared on social networks. Analyzing this video, the
participation
of military police officers placing a firearm in the hand of an individual
that was
lying on the ground and firing a firearm.
00: 56:
20: 19
Good
afternoon, Deputy Doctor.
00: 56:
22: 16 André Leiras, Chief of Police
Good
afternoon, excellence.
00: 56:
34: 21, Daniel Lozoya, Public Defender, Human Rights Representation
What is
the correct procedure on the part of the military police in an event where
is there
supposed resistance?
00: 56:
34: 17, André Leiras, Chief of Police
Preservation
of the crime scene, activation of the police authority, doctor.
00: 56:
40: 00, Daniel Lozoya, Public Defender, Human Rights Representation
And should
you touch the victim's body?
00: 56: 41:
18, André Leiras, Chief of Police
Do not.
00: 56:
43: 06, Daniel Lozoya, Public Defender, Human Rights Representation
Should you
touch the gun, the alleged weapon the victim was in?
00: 56:
47: 19, André Leiras, Chief of Police
Do not.
00: 56:
49: 08, Fabiola Santoro, Officer's Defense Attorney
Good
afternoon, Major Valente. It's OK?
00: 56:
51: 00, Major Roberto Quimarães, Commander, Providència Pacifying Police Unit
Good
afternoon, doctor.
00: 56:
52: 02, Fabiola Santoro, Officer's Defense Attorney
When the
UPP entered Morro da Providência, there was good acceptance
by the
community?
00: 56:
57: 16, Major Roberto Quimarães, Commander, Providència Pacifying Police Unit
As far as
the community police are concerned, we are at the green light, which means
good
acceptance. In the area of operationality and security, we
currently
we are at
the red light.
00: 57:
10: 10, Fabiola Santoro, Officer's Defense Attorney
The red
light, he ... What does he mean?
00: 57:
13: 15, Major Roberto Quimarães, Commander, Providència Pacifying Police Unit
It means
that the moment requires more incisive police actions. O
policing
presents risks of imminent confrontation, both for police officers and for
residents. Some
places ... places within the community that we patrolled
normally,
today we are no longer able to patrol with the
that we
currently have.
00: 57:
39: 02, Marcelo Gil, Lawyer
This young
man who passed away, who is being investigated, Eduardo. Do you remember
any
his
settlement in P2? Do you remember that?
00: 57:
46: 19, Major Roberto Quimarães, Commander, Providència Pacifying Police Unit
Yes.
Eduardo, he had already been apprehended by another garrison for drug
trafficking.
drugs. We
filmed daily food from different points. Including filming
of
residents who passed it to me personally. And in many of these films the
we had
Eduardo in the file working for the drug trade.
00: 58:
11: 14, Daniel Werneck, Judge
Are the
facts that have been read and that you are being accused of true?
00: 58:
16: 05, Providence Pacifying Police Officer, Defendant
No, Your
Excellency.
00: 58:
17: 16 Daniel Werneck, Judge
Can you
then tell us, from your perspective, what happened that day?
00: 58:
21: 23, Providence Pacifying Police Officer, Defendant
Around
8:40 in the morning, my garrison and I were on patrol
at the top
of the Providência hill, an area known as Cruzeiro. Listening to
gunshot
noises, I believe they even ... I don't know if they were shooting, or in the
garrison
who had
their first contact with them or were shooting themselves because they saw us
getting
there. So we take shelter quickly so we don't get shot there. Then I
saw
armed
element. He had a black pistol in his right hand, and a radio in his
left hand.
00: 58:
57: 23, Daniel Werneck, Judge
That
element would be Eduardo.
00: 58:
59: 03, Providence Pacifying Police Officer, Defendant
That. I
gave him the voice of arrest, but he pointed the gun at me, he didn't
surrender.
He was
going to shoot me.
00: 59:
05: 09, Daniel Werneck, Judge
Did you
shoot, or not?
00: 59:
07: 08, Providence Pacifying Police Officer, Defendant
He pointed
the gun at me, Your Excellency, and I heard a gunshot. I did not know
there were
even more elements there. When I gave him the prison voice I said:
"Stop!
Police, police!". He pointed the gun at me. In that he pointed
the gun
for me and
I heard shooting noise ...
00: 59:
21: 19, Daniel Werneck, Judge
You had a
rifle, correct?
00: 59:
22: 23, Providence Pacifying Police Officer, Defendant
I had a
rifle, 556.
00: 59:
24: 09 Daniel Werneck, Judge
Towards
him, how many shots did you take?
00: 59:
27: 06, Providence Pacifying Police Officer, Defendant
I took two
shots, your honor.
00: 59:
40: 22, Daniel Werneck, Judge
Good
afternoon sir.
00: 59:
41: 18, Providence Pacifying Police Officer, Defendant
Good
afternoon.
00: 59:
42: 17, Daniel Werneck, Judge
Are these
facts that were narrated in the complaint true?
00: 59:
45: 12, Providence Pacifying Police Officer, Defendant
Negative. I
was inside the PPC with my garrison plus 3 policemen, when
we heard
an intense exchange of gunfire. Arriving at the site, I find a shot
element
to the
ground. I turned him over to see if he had vital signs. As there was
apparently no
vital
signs I went back to the garrison and asked what had been collected. At
the
moment I
asked what had been collected, Private Riquelmo opened the
vest and
took out a 9mm Bersa pistol. When he made this move to show me
I saw that
the pistol window was ajar, with the ammunition broken. This can
cause an
accident in the pistol mechanism. Any stride, any bump
on the
pistol, it can fire alone. I took the pistol, tried to demunion it, took
out the
loader, I
removed all the ammunition that was turned inside the loader, I tried
disassemble
the pistol, I was unsuccessful. And at all times, shots fired at the
garrison. I
thought for good, to protect us, take the boy's hand, put the pistol
in the
boy's hand, so that if it were to explode in the chamber, the ammunition would
not hurt
no
one. Because the element was already dead, right.
01: 01:
12: 13, Fàbio Vieira, Public Prosecutor
And you
learned that this measure adopted by you is the correct measure to remedy this
crash
where?
01: 01:
20: 04, Providence Pacifying Police Officer, Defendant
Nowhere,
excellence. But it was the measure that I took so that I didn't have a
major
upset of the situation, with police officers injured. Just for
that. In a moment
no action
was taken to deceive the justice or the police station.
01: 02:
01: 05, Fabiola Santoro, Officer's Defense Attorney
Alas, the
bailiff has arrived. Now arrived.
Permit! Has
arrived? IS! Hi?
01: 03:
50: 04, Fabio Uchoa, Apellate Judge
Now look
at the price that the State spent on this operation without any purpose of
arrest
anyone, because I don't see any purpose in arresting anyone.
01: 04:
00: 23, Police Officer
There is a
child on site. The rush started. Who's running around? Over
there in the car
armored.
01: 04:
19: 21, Police Officer
Come on,
fuck more! I'm carrying it. Got it, got it! Where is the
other? Run there!
For!
Let's go
there! Fuck over there! There, damn it!
01: 05:
08: 23, Police Officer
Alas,
there's one there.
01: 05:
10: 21, Police Officer
Great.
01: 05:
14: 00, Police Officer
Yeah ...
This one looks like it was.
01: 05:
22: 01, Police Officer
Red shorts
and dark T-shirt.
01: 05:
24: 23, Police Officer
I don't
remember this guy.
01: 05:
27: 00, Police Officer
No, he
was, but not with a gun. He was in the middle.
01: 05:
28: 20, Fabio Uchoa, Apellate Judge
If you
don't see this video, which a police officer decided to put on the media for
some reason,
possibly
this episode of the Rola slum had been shelved. Why? The
elements
that are collected by the police they are already collected in a way that
has no alternative. Who
are the witnesses heard in this process? Are
the
policemen who participated in the operation.
01: 06:
08: 22, Civil Police Defense Team
I don't
want to be filmed, okay? I don't want to be filmed. I'm warning you.
01: 06:
23: 07, Pilot Adonis Lopes, Witness
Nobody
went there to do anything wrong. He went to do a police operation. He
went to help the other colleague,
went to
protect. It was doing what we always did. And you're answering,
right? It's a great
injustice,
because hey, they are highly experienced policemen, they do that there, they
dedicate themselves,
like that.
01: 06:
56: 01, Police Officer
There are
two rifles in here.
01: 07:
03: 14, Pilot Adonis Lopes, Witness
Yeah ...
It was an operation where the traffickers who were armed. Everyone went
there, yeah ...
Identified
as drug dealers, with bandits. There was no injured innocent, no
there was
a complaint. Only drug dealers died and ... That's what happened. An
operation
normal.
01: 07: 42:
23, Police Officer
So with a
gun there?
01: 07:
48: 11, Police Officer
Do the
quick count then.
01: 07:
57: 03, Police Officer
No towels
in the house, right? Sheet...
01: 08:
01: 15, Police Officer
Oh, turn
that shit off! Oh, I hung up here, huh.
Fuck ...
Watch it, man. The dead guy is shooting, motherfucker! Oh, your
pocket is ok
open
huh. Your vest pocket is open here. The right. Oh, there's one
more here huh.
01: 09:
10: 00, Flávio Bolsonaro, State Deputy
This
hundred cases that are recorded as confrontations between police and criminals
armed ...
Because there's that too, right. The victim situation is always
posed. No,
the
policeman killed the victim. All of these victims, how many of them were
armed? Why
according
to the report of a relative, someone from the community, they would all be
unarmed,
with a work card in your pocket ... Of course, there are cases and cases.
01: 09:
40: 21, State Deputy
And these
cops, I'm not the one saying it. These policemen say the following:
"There is a
stimulating
lethality. ". But when their actions gain public repercussions,
they are
abandoned and punished and become statistics of punished policemen. That
is,
the speech
is what the police have to face. And when the resistance auto happens
the
justification for saying that you are doing something against police violence
is: "Already
we
expelled so many. "
01: 10:
09: 10, José Mariano Beltrame, Secretary of Public Safety (2007-2016)
Congressperson.
01: 10:
10: 01, State Deputy
Say it.
01: 10:
13: 20, José Mariano Beltrame, Secretary of Public Safety (2007-2016)
Let me
just clarify one thing here, people, which must also have been said. O
Rio de
Janeiro, since we arrived, I think it's the only Brazilian state that
has the
index called violent lethality. And it's no use just giving a
command
there, or the commander general, or the battalion commander give a command
and say,
"Don't kill anymore." What you have to do is create a policy
that
reverses that picture. And that is what we did. The creation of an
index of
violent
lethality, and that rate is measured, and if you achieve a good rate you
get paid
for it.
01: 10:
53: 00, Wanderson Nogueira, State Deputy
To what
extent will these actions, many of them unraveled, continue without any
guilt of
the agent, I mean, the secretary, the chief of police. Because if there is
no
punish
those people who are more villains than the police themselves who press
the
trigger, we will not continue with ... The deaths will continue, we will
continue
having
countless cases like the ones we unfortunately have here today at CPI, and so
many
others who
are not here, and so many others who are not in the press and so many others
that we
don't even know about.
01: 11:
30: 21, Paulo Ramos, State Deputy
Because
the issue is public security policy. The public security policy to be
years in
Rio de Janeiro is based on the logic of war. And as long as it's preserved
has no
solution.
01: 11:
46: 07, Daniel Lozoya, Public Defender, Human Rights Representation
Regarding
this policy that is called "war on drugs", it is important to pay
attention
as
Professor Maria Lucia Karam says, that war is not waged against things or
substances. War
is fought against people. And the people who are against these
wars are
the same ones that are victims of police lethality. That is, mostly
black,
poor and peripheral youth.
01: 12:
50: 16, Janaina Alves, Mother of Jhonata, 16, Killed in 2016 in Borel
I'm
Johnata's mother. Dalva. My little boy was murdered in the Borel
community
June 30,
2016. He went to do me a favor, get a bag of popcorn
at my
sister-in-law's house. When he took the bag, when he left he was shot in
the
forehead. Only
one shot, by the UPP police officer.
01: 13:
22: 02, Ana Paula Olivieira
No, wait a
minute, let her ... We're here. We're together. Johnata is also here,
proud
from
you. It's your fight.
You are
your son's voice.
He is
here.
But say
everything you feel, put it out.
You are
Johnata's voice.
01: 13:
40: 23, Janaina Alves, Mother of Jhonata, 16, Killed in 2016 in Borel
Today I'm
here to ask for justice. Because my son died 9 months ago, and even
now I saw
no justice. So I'm here, in front of the public ministry
to ask for
justice. And understand why they do nothing, just sit and don't
do
nothing. And my son was a studious boy, he was in the first year of
teaching
medium. And
I wonder why. I just wanted justice, that's all.
01: 14:
21: 04, Ana Paula Olivieira
It's the
minimum.
01: 14:
30: 23, Maria Dalva Correia, Mother of Thiago, Killed in 2003 in the Borel
Massacre
A
policeman to shoot, who kills is the state. Because the policeman, he is
trained to
kill. So
he kills, because the state allows it. If the State did not allow it, they
would not
killed. So
the state is to blame. And our act today is for the processes to go
why not
... Because while the policeman who kills is still in the community looking
to the
face of family members and intimidating family members, this will continue to
happen
slaughter.
01: 15:
08: 14, Fatinha Silva, Mother of Hugo Leonardo, Killed in 2012
Monday,
April 17th, 4:20 pm, it was 5 years since the bandits in uniform
with a
formal contract took my son's life. Like a resistance self that was
a group of
drug dealers who ran and only my son stayed. It's a lie. I want
proof.
In those 5
years no one has proved me. And I'm here to charge these bandits
in white
collar uniforms. Murderers, thieves, who kill with the pen and
then he
says it was self-resistance. And the gun that was with my son, that they
they
spoke, until today it did not appear.
01: 15:
59: 10, Jorge Roberto Penha, Betinho's Father
More than
111 shots fired at the boy. All bored. I still got the kids out of
the car.
Everything
was already dead, already. And now the superior court of justice has given
a decision that
5
policemen will await the trial in freedom. 111 shots, two attempts
homicide,
procedural fraud, shooting on the street. Wait for the trial in
freedom is
an affront to all of us in society. Because we can't take it anymore
that.
01: 16:
44: 19, Unclear, Several V / O, including Fàbio Vieira, Public Prosecutor
And you
can explain more than a hundred shots in that car, and all the shots
who killed
the victims by hitting them backwards? Can you tell why the shots
who killed
these car occupants all came from the direction where the police,
you in the
case, were you? Was someone on your back shooting too? Or
were the
shots coming from the front? These catwalk, hole, slab people ...
Did you
have a visualization of the Palio at the time that these shots occurred?
Did you
see the moment she was found? Do you remember how far away
was that
weapon found? Did you shoot in the direction of Palio? The Lord
remember
how many shots you took?
01: 17:
54: 22, Fàbio Vieira, Public Prosecutor
As soon as
I became aware of the decision of the superior court of justice, the
the entire
content of the decision, I did not see in that decision that the court would be
prevented
decreeing
a new arrest. So on the same day, July 22, I asked for the arrest of the 4
accused
again. This request has not yet been considered and today the statement is
ending
me that
what the 4 said in the interrogation he ... These testimonies, they
contradict
what is proven in the file, with expert evidence, in short. What
demonstrate
to me the correctness of my application. So I'm going to ask the court to
appreciate
my request
for the arrest of the 4 accused.
01: 18:
43: 10, Ubiratan Guedes, Lawyer
I just
wanted to say, Excellency, that some time ago I participated in a long process
and I said
the following: "When the media comes in through the court window,
sometimes
justice
runs out the door. ". But I am surprised that in a decision that comes
of a
higher court and those responsible for the enforcement of justice try to
circumvent
that decision by asking your excellency to be sure to respect a
decision
of the superior court to apply to ... To decree a new arrest. The decision
higher is
to be fulfilled. The court revoked the prison. Appeal that decision,
but do not
invent legal tricks so that there is no decision that is enacted.
01: 19:
49: 06, Fàbio Vieira, Public Prosecutor
I'm going
to ask for the floor in order, here, that I was quoted,
understand? Because who ..,
According
to the guardian lawyer, I made the request. So you have
to
interpret what is decided, to interpret what I say, before standing there
screaming
and
talking nonsense. So you don't come to talk ... So you respect me
first! So
you respect me first! You don't scream more than I do here
no! This
is not the fair you're not used to! So stop doing
grace here
... It's not the fair you're used to, you know? If you
start
reading, if you start interpreting, if you use Portuguese from
correctly,
then you will know what you are going to say before you start talking.
01: 20:
36: 01, Ubiratan Guedes, Lawyer
I don't
talk nonsense, I'm not your father. Do you know my name? Ubiratan
Guedes.
01: 20:
39: 01, Fàbio Vieira, Public Prosecutor
But it's
never too late for you to learn Portuguese or study some more, so
you do
that.
01: 21:
31: 14, Chauan Jambre, Survivor
Dad, take
the edge off. Take away all that ... You know I'm not here
wanting to
harm anyone, Father. But justice needs to be done. Thank you for
all.
01: 22:
08: 18, Viviane Farias, Judge
All
standing for the oath. In the name of the law, I invite you to examine
this cause with
impartiality
and to render your decision, in accordance with your
conscience
and the dictates of justice.
01: 22:
37: 15, Chauan's friend
What was
it, Chauan? Which is it, man? Tin, put it.
What's the
fun with the stuff?
I didn't
understand it but I love it.
No, shoot
here, shoot here. What's the fun?
The grease
is there in the tire company.
Give us a
smile to see.
Camouflage,
camouflage!
01: 23:
24: 01, Chauan Jambre, Survivor
That was
when I fell to the ground, right, and started to pray and pray. Begging
not to die,
huh?
01: 23:
29: 16, Viviane Farias, Judge
Where were
you hit?
01: 23:
31: 07, Chauan Jambre, Survivor
It was in
the chest. On the left side. Then my cousin arrived, right, begging
me
help. That
was when they helped me. They took me to the hospital in the car,
they also
put Alan in the car with me and took me to the hospital.
01: 23:
45: 11, Viviane Farias, Judge
And how
was it there? Because you ended up answering, didn't you? Was
arrested.
How was
that situation?
01: 23:
50: 08, Chauan Jambre, Survivor
This, I
was arrested. I stayed in the corridor, at the hospital, I thought I was
going to be treated, right?
I stayed
there in the hallway losing blood from Saturday to Sunday.
01: 24:
02: 00, Viviane Farias, Judge
So, I want
to know what happened. You were in that corridor and you went
caught in
the act, wasn't it?
01: 24:
08: 13, Chauan Jambre, Survivor
That, I
was handcuffed on the stretcher.
01: 24:
10: 10, Viviane Farias, Judge
So, what
was said to you?
01: 24:
11: 14, Chauan Jambre, Survivor
It was
nothing. I just asked them to beg me to help me, right, to have the
service there,
for...
01: 24:
22: 04 Viviane Farias, Judge
See if you
remember. I know it's a tense moment, but exactly what happened
there.
01: 24:
28: 05 Chauan Jambre, Survivor
He said,
"Is this your cell phone here?" That I had my cell phone in my
pocket.
Then I
said: "It's my yes.". I went, got it, took the password, gave it
to him. Then he said that
I already
knew that I owned a favela, that I already knew everything.
01: 24:
38: 15 Viviane Farias, Judge
But it was
another policeman, right?
01: 24:
40: 09 Chauan Jambre, Survivor
That was
another policeman.
01: 24:
41: 07 Viviane Farias, Judge
But
neither was present ...
01: 24:
42: 01 Chauan Jambre, Survivor
I had
never seen him, never.
01: 24:
45: 21, Isabella Pena Lucas, Prosecutor
Ironically,
you, today, who judge, have contact for the first time with the
process. The
prosecutor's office was already monitoring the process, had the opportunity
to study
the case. However, the gentlemen who know the fact today are just
those
people who have to decide what is the answer that society will give, in the
as you
represent society today. What is the answer
society
will give to this type of event? And I will ask to show it again
the media
for you to notice that these initial shots are given in a
intermittent,
because the rifle can have this mechanism to be fired in a way
intermittent. But
it is very important that you pay attention that at the moment
that the
car is already much closer to those targets, which are these two boys,
there are
a couple of final shots, where visibility is much higher, and where then I
I realize
that there is really no fair aggression at all. So it was said that:
"I heard
shots. I
don't know where. And then I shot. "." Which way? ""
This one. "" Why? "
"Because
yes.". It's not like this. This is not how the service
works. And the police officer
20 years,
he knows that. And the police officer who is called in order to reduce the
criminality
... Criminality is not reduced by shooting like this at the wall. It is
not
like this. Did
you hear the two later? They noticed the pause that exists between
everyone and the two
last? Did
you notice the position of the last two? It is not forward. The
position of the two
latter is
very clear and unambiguous. People are already lying there and the person
shoots
like
this. Like this. Already aware of everything. There is no fair
aggression at any time.
It is not
being carried out ... The vehicle is not affected at all. There was no
evidence
of shooting at that time. Then see that the shots are positioned,
shoot, and
in an external image there is a slight pause ...
01: 27:
20: 22, Lawyer for the Defense
Are there
many cases like Alan and Chauan? Yes. But there are very few cases that
we have as
compelling evidence as this case. We have the video, in addition to the
vehicle
video, which all police vehicles should have, according to a law.
There is a
state law that provides for this. We have the video from the cell phone
camera that
films
before, during and after the assault. It is a test that brings light to
the process
and we
believe it makes your job much easier. The Chauan who also
works
selling mate on the beach, tries to test ... I tried, to be a player
Bangu's
football, his career was also seriously impaired because of this
projectile
that is lodged in your body. Then he suffers in addition to medical
issues,
implications,
the stigma of a person walking with a bullet. "Ah, you walk with
bullet? Were
you shot by the police? "Then comes all that prejudice:" You went
shot by
the police? What were you doing? ". What are we judging today in
The last
resort is whether the law is the same for everyone. Because that fact
would never have happened
in other
locations in the city. It happens because there you have to say: "Is
that Palmeirinha?
Is it
Casinha? Is it inside the Palmeirinha? Is it a slum or not? ".
How important is it
it
has? None! None! Does this mean that life in the favela does not
matter?
Doesn't it
matter in the suburbs? In the periphery the police can ... Shoot first and
ask questions later?
That's
what we're judging. But this on the periphery. In the slum. In
the suburb. Why
first,
that would never have happened at Lagoa Rodrigo de Freitas. That just
happens in
the south if it is in the favela. In the suburbs, on the periphery, is the
law the same for everyone?
Basically,
this is what we are judging today.
I believe
it has become very clear to you that it is not a community
pacified. Far
from it. Obviously the residents will get here, they will say that it is
paradise
there. I even thought it was a resort. Little houses. And don't
tell me that
it is not
important to know if there is Palmeirinha, if it is not Palmeirinha, because it
is. Why
it is
important to know that it is not a paradise. That there is a place of
conflict there. What
the
residents when they came here were missing the truth. For the reasons there
their. The
guy who leaves home to take a shot in the middle of the favela and doesn't wear
a vest,
do you
know why? Because he doesn't have a vest his size with the military
police. Because he
It's very
big. Then what does he do? He goes to the confrontation without a
vest, because he doesn't
has. And
go, leave the house every day, leave your wife and 3 children, not knowing if
you're going back
home. That's
why we're also there with 124 dead MPs. Huh? Because actually,
human
rights only cares about the poor, black from the favela. But you want to
stick it
at the
police. Now, what happened in that process, unfortunately he was
wrong. He was wrong.
Missed,
fired. When he got out of the car he saw that they were not
bandits. They could have
been? Could. Could
be. And if they were bandits, maybe he wouldn't be here. Why
imagine
it. Get up, get up, get up please. Look at the size. Ó the size
of the target.
Ó the size
of the target. To get it right ... Easy? You can sit. Dealer is
skinny, they
run
fast. Ó the size of the target. There's a lot of space to get it
right. Now, he had
a false
perception of reality. "Ah, but he's very experienced. It can't be
that way."
Look, I'm
sorry, but at the time of fear, look ... I was nervous, I didn't want to be
in a place
like that. That was a fatality, it was. Now, he assumed what he
did. Now go
be
execrated because of that? Taxed as a murderer? He was condemned to
pass
know how
many thousand years in prison? Lost your job? I think it's too
much. So gentlemen,
what I ask
of you today is what: absolution of the sergeant. I trust the good
sense of
your excellencies. I always trust my board's decision
verdict. Thanks.
01: 32:
56: 13, Viviane Farias, Judge
So let's
move on to the vote. It's secret, nobody can stay. You don't
you can
film anything else too, okay? Asking the public to withdraw, the defendant
also has
to leave.
01: 33:
37: 00, Viviane Farias, Judge
Partly I
consider the proceeding, the state punitive pretension to condemn Ricardo
Wagner
Gomes for the practice of the crimes provided for in article 121, second
paragraph,
item 4.
article 121, second paragraph, item 4. Combined with article 14, item 2 and
Article
347, sole paragraph, all of the penal code. I will dose you the
feather. In
in
relation to the victim Alan de Souza: consummated homicide. The
defendant's guilt exceeded
the normal
kind. Use of excessive force with the use of a weapon with high power
harmful in
extremely precarious visibility conditions, as well as the conditions
where the
armament was used, in a place with many residences without any
concern
for the lives of the people who live there or could be in transit,
demonstrate
coldness and disregard for human life, which already points to the greatest
reprobability
defendant's
conduct. It should be noted that the referred behavior would already be
totally
reprehensible
if practiced by a person without the necessary technical training. Much
most
reprehensible when practiced by a public security officer, with training
military
as the accused himself made a point of stressing on this date, having already
been
including
a member of the armed forces and being a military police officer approximately
22
years. Victim Chauan Cesário: the consequences of the crime are also
serious. THE
victim
went through great trauma, having been in suffering awaiting help
as seen in
the images. In addition he was taken to the hospital, injured, with his
friend
already
dead lying on your lap. It is recorded that the victim reported having a
projectile
housed in
the body, which hinders the eventual hiring of football clubs to which
undergoes
tests, since it is associated with a criminal life. So, in the absence of
other
elements,
I make a final reprimand in 25 years of imprisonment, 2 years and 6 months of
detention,
50 days fine. Well, then closing another judgment, we don't have
no reason
to celebrate. Everyone loses. The victim loses, society
loses. He
is also a police officer who stops working, leaves life, right, professional.
It's a sad
end, right. But we have to comply with the law and show society how
is that
things have to work.
01: 36:
07: 22,, Ana Paula Olivieira
No voice
has more legitimacy than ours. Family. We who are suffering
in the
skin. We who are broken, with our families broken. OK?
I usually
say that not only the policeman who murdered my son, who squeezed the
trigger,
it has to be responsible. That's something I've been shouting for
enough
time, okay? Because the secretary of public security, the state governor,
the whole
judiciary has dirty hands with my son's blood and everyone's blood
the other
youth and children being exterminated. I do not accept. I do not
accept
that my
son died in favor of a lying public security policy,
excluding
and racist. I do not accept. I do not accept. Because we see
that UPP and another
thing,
it's all the same. It's all the same scam. When ... At the first
hearing
of my
son’s case I learned that the police officer who took my son’s life and
ended my
life, that in 2013 he was jailed for 1 month because he
off ... On
off, he wasn't on duty. He off duty, in a municipality in the Baixada
from
Queimados, he took 5 young people and took him to a vacant lot and he
murdered 3
young people. 2 of these 5 young people managed to escape and recognized
him in
precinct. However,
this policeman came to stay ... He even sat in the chair of the
defendants
in a court of law and the case was closed. The case was closed. For
lack of
witnesses
he followed free. In 2014 he was there at the Manguinhos UPP to kill
my son
shot in the back, totally helpless. This I do not accept. It is us,
that we
are mothers, fathers, family members, we are condemned to live the rest of our
lives
lives
without our children. While these killers are free to commit
new
crimes. This is unacceptable. This is unacceptable. When they
kill our children,
put our
children on television as if they were bandits ... And we, mothers, family
members,
we are
left ... We have no right to fight, to mourn. We only have to throw
ourselves
in the
fight for justice, you know. But then when we see, find, find
with other
mothers, with other family members ... And we are faced with cases like that of
Mr. José
Luiz, that the case is about to be prescribed ... Guys, this is absurd, this is
unacceptable. When
we are faced with the cases of the mothers of the Acari slaughter, I
I don't
want it to happen to me like it did with one of Acari’s mothers, who
died
without seeing justice done. I think it's the minimum, the minimum that
this
Racist,
genocidal, murderous state owes us. What I wanted was my son. I
wanted my
son with me. That no one else will be able to return to me. So what
we demand
here ... We demand is the minimum. We demand that justice be done.
This
justice that has two weights, two measures. That we only know when it's
to condemn
us. It can't, people. Enough. We don't ... No one asks for
people to
be calm, because it is past the time for this slaughter, for this extermination
to end.
And with
each audience, when I see those jerks trying to frame my son,
for me,
it’s like they’re killing my son again.