Federal deputy Fernanda Melchionna (PSOL-RS) presented a bill that calls for the suspension of the remuneration of military personnel denounced for human rights violations and crimes against humanity committed during the period of the civil-military dictatorship established with the 1964 coup.
According to the text, filed this Tuesday (7), in the Chamber of Deputies, the suspension of remuneration and earnings will be maintained until there is a definitive decision in the judicial process. During the processing interval, the soldier will not be entitled to receive any type of allowance, additional benefit or bonus related to his position or public function.
The project also highlights that, before the suspension is carried out, the soldier will be duly notified and that, as guaranteed by the Federal Constitution and Brazilian legislation, he will have the right to contradictory proceedings and to his own defense before the courts. The interruption in the payment of remuneration and earnings may be canceled if there is sufficient evidence to prove his innocence regarding the crimes alleged against the soldier.
The parliamentarian’s proposal provides that in the event of a final, final acquittal, that is, when the court sentence is for the acquittal of the accused and all possible appeals have been exhausted, the soldier will be entitled to retroactive payment of the suspended amounts, duly corrected by the inflation.
In the document filed, the parliamentarian mentions that the proposal is supported by the Military Statute (Law No. 6,880/80), which describes both the rights and duties of members of the Armed Forces.
Fernanda Melchionna (photo) says that Brazil must honor the commitments it makes to the international community, with regard to safeguarding human rights and combating impunity.
“THE Rubens Paiva caseformer deputy tortured and killed in 1971, illustrates the relevance of the measure. He was never seen again after being taken to give testimony in 1971, during the military dictatorship, and could be considered a case of forced disappearance. Despite the serious accusations and the formal recognition of the violations, military personnel denounced for the crime, such as General José Antônio Nogueira Belham, continue to receive public remuneration, even in the face of strong evidence of their involvement in this crime against humanity”, he explains.
Rubens Paiva had his story retold in the film I’m still here. The feature film was directed by Walter Salles and starred Fernanda Torres, who won the Golden Globe last Sunday (5), and Selton Mello, who plays Rubens Paiva.
The deputy also said that she presented the project after the news of the amounts paid to the soldiers accused of the murder of Rubens Paiva. “Recently, the reality came to light that Brazil pays R$140,000 per month to the military accused of the murder of Rubens Paiva. This is a shame. This privilege has to end,” he told Brazil Agency.
The proposal also ‘incorporates the recognition of violations documented by decisions of the National Truth Commission, created by Law No. 12,528/2011, which investigated and recognized serious human rights violations that occurred in Brazil, especially during the military regime. Giving the deserved importance and validating the recommendations of the Truth Commission in relation to the military personnel who acted during the period of the Military Dictatorship and committed crimes against human rights and crimes against humanity reinforces the State’s duty to act in accordance with International Law and with the principles of truth and reparation”.
