In the early morning of Thursday (14), the military court condemned eight Army soldiers who participated in the death of musician Evaldo dos Santos Rosa and collector of recyclable materials Luciano Macedo. The crime took place in April 2019.
The trial, under the command of substitute federal judge Mariana Aquino, was held after three postponements. Another four soldiers were acquitted because they did not take part in the firearms.
Lieutenant Italo da Silva Nunes, who commanded the operation carried out in Guadalupe, in the North Zone of Rio, was sentenced to 31 years and six months of imprisonment in a closed regime, for double homicide and the attempted murder of Sergio Gonçalves de Araújo, in same action. Another seven soldiers, who fired shots at the time, were sentenced to 28 years of imprisonment in a closed regime, in addition to being excluded from the Armed Forces. All remain at liberty until the appeals are judged.
The trial lasted 15 hours and was based on the votes of members of a council, composed of the federal judge and four military judges. The victims’ relatives spent most of the time hugging and celebrating the sentence.
Report from Brazil Agency points out that, according to prosecutor Luciano Gorrillas, the military violated rules of engagement of the Guarantee of Law and Order (GLO). Gorrilho considered the action as an excessive use of means. “There is no defense for 82 shots. All adhered to the same will. 82 shots is execution,” he said, who considered it a miracle that the other occupants of the car were not hit.
The military’s lawyer, Paulo Henrique Mello, informed that he will appeal the decision. “This conviction, it is not final. It does not bring justice to the case. And the defense, within the legal period, will file and present the appeal to a higher court, waiting for an impartial justice to be done there. Justice far from appeals and far from external interference,” he informed the G1.
Evaldo’s widow, Luciana Nogueira, said that the result of the trial gives the peace that the family was looking for.
“Today I will be able to sleep. I will look at my son, who will grow up without seeing his father, and I will say that he was a good man. It is a message that the court sends to society. This crime will not go unpunished,” he said.
Evaldo, 51, was going with his family to a baby shower and the car they were in was targeted by soldiers in daylight. The musician died instantly, but his family survived. Waste picker Luciano, 27, who was nearby, tried to help Evaldo’s family and was also shot and killed by the military.
At the time of the crime, which occurred on April 7, 2019, the case became known as the “80 shots”, the number of shots believed to have been fired. But reports produced during the investigation proved that the crime was even more serious: 257 shots were fired by the military.
According to a family member, the military opened fire without making any prior approach and even after the passengers in the back seat had fled with the child in their arms, the military continued to fire.
Source: BoF Rio de Janeiro
Edition: Jaqueline Deister