More than two years after the Military Police operation that left at least 13 dead in the Morro do Fallet, in the center of Rio de Janeiro, 13 agents who participated in the action became defendants for procedural fraud. They are accused by the Public Ministry of having removed nine corpses “in order to mislead criminal expert”.
The complaint was accepted this Wednesday (9) by Judge Ana Paula Pena Barros, from the Audit of the Military Justice of the Court of Justice of Rio de Janeiro. She understood that the evidence of materiality and authorship was demonstrated by the prosecution.
Article 347 of the Penal Code, by which the police were denounced, provides for a penalty of three months to two years in prison. If the purpose of the fraud is to take effect in criminal proceedings, the punishment is doubled.
The military police officers Geilson Henrique Anastácio da Silva, Rafael da Silva Gomes, Carlos Thiago Arruda, Erick Macedo da Silva, Adailton Saturno da Silva, Bruno Rodrigues de Souza, Wallace da Costa Borges, Thiago Rodrigues de Souza, Pedro Igor Martins Schnaider will answer for the crime , Fabricio da Fonseca Lemos, Dannilo dos Santos Rodrigues, Douglas Luís Pereira and Diogo de Araujo Alves.
The operation in the Morro do Fallet, carried out in February 2019 by the Military Police, was marked by allegations of mutilation and murder of people who had already surrendered. It was one of the most lethal actions in recent years: 13 men were killed, 9 in a house, and two more bodies were found two days later, in a forest in the region.
At the time, the leaf was in the community to talk to family members, who denounced the practice of torture. A man who declined to be identified, the uncle of two killed, a 16-year-old teenager and an 18-year-old boy, said police stabbed all the suspects after shooting them in the legs to prevent them from fleeing.
According to the account of these residents, the agents did not let anyone near the house where most of the deaths occurred and hurriedly removed the bodies.
A video recorded at the IML showed the bodies wounded and with holes in them. One of them had the intestine completely out of the body.
The same Public Ministry that denounced the police officers for procedural fraud asked the Court, in April, that the investigation investigating them for murder be dropped. The two investigations had been dismembered and were under the responsibility of different prosecutors.
In an interview with TV Globo’s Fantástico program, prosecutor Alexandre Murilo Graça argued that there was no evidence that the police had killed surrendered people. He also said that the change in the location of the facts undermined the evidence, but that it didn’t matter for the conclusion of the case.
Prosecutor Paulo Roberto Mello Cunha, who denounced the agents for procedural fraud, understood that the police “artificially innovated the state of the place”, failing to fraudulently preserve it.
In November 2019, the Civil Police had already requested the archiving of the investigation that was being processed by the corporation regarding the same operation. This investigation concluded that the agents acted in self-defense.
In early October, an IPM (Military Police Inquiry) — an administrative measure adopted whenever an operation results in bodily harm or death — conducted by the PM also concluded that there was no crime or transgression by the agents.