It is five years this Tuesday (14) since the murder of Marielle Franco and her driver Anderson Gomes on March 14, 2018. The most serious political assassination in Brazil’s recent history occurred six months before the presidential election won by Jair Bolsonaro (Liberal Party).
Now, in 2023, with a new government headed by Luiz Inácio Lula da Silva (Workers’ Party), a renewed window of hope is open to friends and relatives of the victims, who, since the day of the crime, have to deal with the question: “Who ordered Marielle’s murder?”
Five police chiefs and ten district attorneys from the Rio de Janeiro prosecutor’s office have already taken part in the investigation. On the horizon, an investigation that is still under secrecy: Marielle’s and Anderson’s relatives, as well as journalist Fernanda Chaves, the sole survivor of the attack, have no access to information.
The families’ lawyers filed a petition for a writ of mandamus at the Supreme Court (STF, in Portuguese) to access the files.
“Officials must solve this crime. My mom should be remembered for her fight for dignity and against injustices, not for the unsolved crime”. That is Luyara Santos's statement, Marielle’s daughter. She is currently 24 years old and is one of the co-founders of the Marielle Franco Institute, which was launched in 2019.
To organize the legal and political demands of the inquiry to elucidate the attack, the Justice Committee for Marielle and Anderson was created on July 14, 2021. It’s formed by relatives of the two victims, Amnesty International Brazil, Global Justice, Black Coalition for Rights and Land of Rights.
To the families, Lula’s victory opens the door to the possibility of solving the crime.
“We see the recent events as a significant change in human rights public policy. Two ministers talked publicly about solving the case. We may say that, with this newly elected government, we are hopeful the case will be solved,” Luyara Santos explains. She has embraced institutional politics and is currently working as a parliamentary advisor for the office of state deputy Renata Souza (Socialism and Freedom Party - Rio de Janeiro state).
Renata Souza was Marielle Franco’s advisor and was with her at Casa Das Pretas in the Lapa neighborhood, downtown Rio, on the night of the crime. Both women were attending the event “Black young women transforming structures” hours before Marielle was murdered.
When the event finished, Renata drove her car toward Favela da Maré, in the northern area of the city of Rio de Janeiro, where she was born and raised. “When I arrived home, I sat down on my couch. Then, I received a call from a journalist asking me if I confirmed Marielle Franco was murdered. I became mad at him and said that I didn’t, I was with her. The journalist realized I didn’t know what had happened and hung up the phone. I started calling Marielle, Anderson and Fernanda, but nobody answered.”
Immediately thereafter, Renata decided to head to Marielle’s house. “I drove from Maré to her house. Midway, I was informed about the killing and rushed to the crime scene. Then, we all know what happened, those horrible images. I followed that situation of fear and barbarism from the beginning until the end. To this day, I can’t believe Marielle is not among us. But I know that even today, in every struggle and in every bill, she is with us,” she added in tears.
Commitment
The state deputy is another voice that reinforces the hope for a new phase in the crime investigation. “We hope that, with the arrival of the new Lula government, it changes. The Minister of Justice Flávio Dino publicly demonstrated his willingness to carry out this investigation in a qualified way, including joint work between the Rio de Janeiro police, the Civil Police of Rio de Janeiro and the Federal Police."
The anticipation among families and friends is not unfounded. At the inauguration ceremony of the Ministry of Justice, Flávio Dino spoke about the government's desire for the crime to be solved. The direct quotation he made during his speech left the impression that the topic will be treated as a priority in Brasilia.
“I said to minister Anielle [Franco, Marielle’s sister] and her mother that it is a matter of honor for the Brazilian state [to] put all possible and appropriate efforts. The Federal Police will adopt this approach to solve the crime once and for all, and for us to know who ordered Marielle Franco’s murder that day in Rio de Janeiro,” said Dino. Less than 60 days after addressing the speech, on February 22, he took the first measure related to the investigation.
“To expand the federal collaboration in the investigation of the criminal organization that committed the homicides of Marielle and Anderson, I determined the opening of a public inquiry in the Federal Police,” Dino announced on his social media accounts. “We are working to solve these crimes.”
Failure
Among relatives and experts, there is consensus on the stagnation of investigations into Marielle Franco’s case. “Half a decade has passed, and we still have no answer to the question: ‘Who ordered Marielle Franco’s murder?’. The investigation of this crime says a lot about how the Brazilian state deals with serious human rights violations, particularly violations against Black women who are part of institutional politics,” says Luyara.
Orlando Zaccone, the founder of the group Antifascist Officers and police chief in Rio de Janeiro, reflects on the matter and criticizes the laziness of the investigation. “For sure, the federalization of Marielle’s case shows some kind of failure in the inquiry conducted in Rio de Janeiro with regard to the second investigation, which focused on who ordered Marielle’s murder and the motivation for the crime. That is, what happened in the investigations is that, after finding the author of the shots and other people involved in the crime, its motivation is still to be unveiled.”
The first inquiry, opened right after the murders, was responsible for the first detentions that happened only a year later. In March 2019, the Civil Police of Rio de Janeiro arrested retired police officer Ronnie Lessa, identified as the shooter, and former military police officer Élcio Vieira de Queiroz, who is suspected of being the driver of the car that pursued Marielle.
Both men are in federal prisons outside of Rio de Janeiro state and are going to be tried by a jury. The date is still to be scheduled by Justice.
However, over the last five years, the investigations were marked by obstruction attempts, false leads and frequent changes in the head of the investigation, in the Civil Police and in the prosecutor's office. A second inquiry was opened – and remained confidential – to determine the obstacles to the investigations and the intentions of political intervention in the case.
In July 2021, prosecutors Simone Sibilio and Letícia Emile asked to leave the task force that was investigating the murders. They were heading the investigations since 2018 and were seen as crucial in the action that culminated with Lessa and Queiroz being arrested.
According to the Brazilian newspaper O Globo, the request was made because the prosecutors would not have had access to Júlia Lotufo's plea agreement. She was the widow of militiaman Adriano da Nóbrega.
Killed in February 2020 during a clash with the police while running away from Justice, Adriano da Nóbrega was an ally and friend of the Bolsonaro family. Flávio Bolsonaro (Liberal Party), the former president’s oldest son, hired some relatives of the militiaman to his own office while he was a state deputy in Rio de Janeiro (he’s currently a senator).
Nóbrega had been accused, too, of participating in an embezzlement scheme known as “rachadinha” in Flávio’s office. It was allegedly headed by Fabrício Queiroz, the senator’s former advisor and also a former advisor to Jair Bolsonaro.
To Zaccone, “the Federal Police joining the investigations means the Civil Police failed. However, we can’t criticize the police agencies alone. We have to consider the Prosecutor’s Office, which not only controls the police actions but also acts directly in the investigation. If there is a fault – which I believe - it is not just the Civil Police to blame but the criminal justice system of the state of Rio de Janeiro."
Jury trial
On August 30, 2022, the First Panel of the Supreme Court ruled unanimously to reject Ronnie Lessa’s defense appeal that attempted to avoid a jury trial. In this scenario, the defense of the retired military police officer considers that the chances of avoiding arrest or an extended sentence decrease, due to the popular appeal of the crime.
Therefore, it can already be said that Lessa and Élcio Queiroz will be tried. However, Justice is still setting a date. In Brazil, a jury trial is reserved for intent crimes, that is, when there is intent to kill.
The decision for a jury trial was taken by judge Gustavo Gomes Kalil, from Rio de Janeiro Criminal Court No. 4, which is following the case. Kalil was also responsible for rejecting an appeal filed in September 2022 by the defense of Lessa and Queiroz requesting their release.
“For the time being, I maintain the pretrial detentions based on the grounds already laid down in the indictment, noting that the delay in the judicial provision is due to the initiative of the Defense, which filed successive appeals in the face of the indictment, having to bear the burden of delay not caused by the judicial system,” stated Kalil in the file.
Next steps
How to elucidate a crime after five years? “It’s possible. However, to do so, it’s necessary to explain some things that remained murky in the first inquiry,” said Zaccone.
“One of the fundamental issues is the visit of Marielle's executors to Bolsonaro's condo, Vivendas da Barra. Look, Lessa – the shooter – lived in this same condo. However, the first information the doorman shared was that Élcio – the driver – arrived there and didn’t ask for Lessa. [He was] looking for someone at ‘Mr. Jair’s house’."
“Later, it was oddly denied, as this doorman seems to be nowhere and no longer works there. And guess who is in possession of the book with notes on what he [the doorman] did that day and where one could read about Adriano’s visit? The prosecutor's office. There is a document showing that one of the targets of the investigation, driver Adriano, was in contact with someone inside Jair’s house. ‘Mr. Jair’ wasn’t at home that night. He was in Brasília. However, it’s crucial to know who was in his house that night,’ the police chief highlights.
Renata Souza recalls that “a woman elected with over 46,000 votes in the city of Rio de Janeiro, who fought for human rights and embraced agendas from social movements was murdered.” The lack of an answer to the case, she says, reverberates in other Black women who are part of institutional politics.
“Marielle’s murder left a trace of fear. Today, to be a woman in politics in Brazil and stand with Marielle Franco’s agenda is a risky situation. It shows the weakness of our democracy. This makes women who are considering entering these spaces afraid. But there will be no retreat from Black women in politics,” says Souza.
“Nevertheless, there is an ancestral strength protecting us and giving us the stamina to keep our compromise with the Black people and those living in poor urban neighborhoods. The disposition to fight for Marielle's legacy and for the lives of us all,” she concludes.
Luyara believes the case will be solved, but only under the permanent watch of relatives and friends. We won't give up until we get justice for my mom and Anderson. Throughout these years, we continued to demand a solution. The answer must be presented by the Brazilian state to the country and the world. We know that the more time passes, the more difficult it is to preserve the memory of who Marielle was, especially for the younger generations. Preserving the legacy of Marielle strengthens our fight.”
Edited by: Lucas Weber
