Portrayed in “I’m still here”, action on the death of Rubens Paiva advances in the STF
The movie “I’m Still Here”, which competes for the Oscar in three categories this Sunday (2), tells the trajectory of Eunice Paiva, who dedicated 40 years of her life to the search for the truth about the disappearance of her husband, former federal deputy Rubens Paiva.
The fate of the process investigating the death of former federal deputy Rubens Paiva, murdered in January 1971 during the military dictatorship, is now in the hands of the Supreme Federal Court (STF). The Court decided, on February 21, that it will analyze whether the criminal action against the accused can proceed or will be filed based on the amnesty law. In addition to this case, the Supreme Court will evaluate two other cases involving victims of the authoritarian regime.
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Paiva was arrested by military personnel at his home in Rio de Janeiro on charges of involvement with leftist organizations. Days later, the army released an official version claiming that he had fled during a rescue attempt. However, the National Truth Commission concluded that the former parliamentarian was tortured and killed in military facilities. Your body was never found.
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CRIMINAL ACTION AND STF APPLICATION
The criminal action began in the Federal Court of Rio de Janeiro from a complaint by the Federal Public Prosecution Service (MPF) against military pointed out as responsible for the death of Paiva. The group was accused of qualified homicide, corpse concealment, procedural fraud and armed gang formation.
However, the defense of the military appealed to the higher instances, claiming that the 1979 amnesty law forgives political crimes and crimes related to the period of the dictatorship. The Superior Court of Justice (STJ) suspended the progress of the case, a decision that is now contested by the MPF in the STF.
According to prosecutors, crimes attributed to state agents should be treated as crimes against humanity, thus becoming imprescriptible. “The violent crimes committed by state agents against Rubens Paiva, a political opponent of the authoritarian regime, constitute serious violations of human rights and offend humanity itself,” argues the MPF.
The Prosecutor’s Office also maintains that Brazil has an obligation to investigate crimes of forced disappearance and serious human rights violations, as determined by the Inter -American Court of Human Rights in the case of the Araguaia Guerrilla. According to the MPF, this international decision also applies to the case of Paiva.
Judgment in the Supreme Court may define whether the criminal action will be resumed or if it will be definitively filed, consolidating an understanding of the application of the amnesty law to crimes committed by agents of the dictatorship.
