STJ transfers homicide investigations into "rural leaders" in Rondônia to federal justice

The Third Section of the Superior Court of Justice (STJ) ordered the transfer to the Federal Court of six investigations related to homicide crimes committed against "rural worker leaders and individuals who denounced land grabbing and illegal logging in Rondônia".

The decision of the STJ board occurred in the context of partial approval of an incident of displacement of jurisdiction (IDC 22). This is a legal figure created in the context of the "judicial reform" of 2004. In cases of serious violation of human rights, the Attorney General of the Republic asks the STJ that a certain case be sent to federal justice with "the purpose of ensuring compliance with obligations arising from international human rights treaties to which Brazil is a party".

The federalized investigations involve eight victims. According to information from the PGR, these crimes occurred in a context of violence associated with extermination groups, with the participation of local public security agents. These groups would act for the benefit of individuals with political and economic influence, aiming to maintain control over land in Rondônia.

The PGR initiative was based on the finding of difficulties in obtaining information from state authorities, leading to the request for federalization of 11 investigations. These were established to investigate homicides and cases of torture. According to the PGR, the obstacles during the investigations and the excessive delay in the activities of state security authorities highlighted the inability of the state of Rondônia to provide effective responses to these crimes.

Minister Messod Azulay Neto, IDC rapporteur, highlighted that the violations that occurred in the six cases in question have the potential to subject Brazil to international liability, based on the American Convention on Human Rights. He pointed out that the country has already been condemned by the Inter-American Court of Human Rights for deaths occurring in agrarian conflicts. Therefore, the actions of the Rondônia authorities in elucidating and combating these crimes are under international scrutiny.

About the competency shift incident - IDC

In IDC 1 ("Dorothy Stang Case"), the Superior Court of Justice decided that the requirements for shifting jurisdiction are: (a) serious violation of human rights; (b) need to ensure compliance, by Brazil, with obligations arising from international treaties; and (c) inability of the member state, through its institutions and authorities, to carry out, to its fullest extent, criminal prosecution.