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Murder of Marcelo de Arruda

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Murder of Marcelo de Arruda
LocationLua error in Module:WikidataIB at line 665: attempt to index field 'wikibase' (a nil value).
DateLua error in Module:WikidataIB at line 665: attempt to index field 'wikibase' (a nil value).
Attack type
Murder, political violence
WeaponsTwo semi-automatic pistols, .40 and .380
VictimMarcelo Aloizio de Arruda
AssailantJorge José da Rocha Guaranho
ChargesSecond-degree murder

The murder of Marcelo de Arruda occurred on 9 July 2022, when the municipal guard and treasurer of the Workers' Party (PT) was murdered by Jorge José da Rocha Guaranho, federal penitentiary agent and supporter of president Jair Bolsonaro, in Foz do Iguaçu, Paraná. The fact got international repercussion.[1]

Background[edit]

Marcelo Aloizio de Arruda was born and raised in Bancários favela, in Foz do Iguaçu, and began working as a shoeshiner.[2] In 2003, he got a Bachelor's degree from Universitary Center UniAmérica.[3] He was candidate for Vice Mayor of Foz do Iguaçu in 2020 by the Workers' Party.[4] In a statement of attorney and Law professor Fábio Aristimunho Vargas to BBC News, on 14 May, he and Marcelo speaked at the Youth Workshop Against the Violence, where Arruda defended that "left-wing police officers like him would be the first victims in an eventual authoritarian scalate in the country, [...] to avoid they share strategic knowledge to a democratic resistance".[5] At the time of his death, Marcelo was treasurer of the party, municipal guard for 28 years, and director of Foz do Iguaçu Municipal Public Servants Union (Sismufi).[4] He was married and had four children, including a 1-month-old baby.[6] On 9 July 2022, Marcelo was celebrating his 50th birthday with a party theme based on the PT and former president Luiz Inácio Lula da Silva. The celebration was held in the headquarters of the Itaipu Physical Security Sportive Association.[4] The event began at 6pm.[7]

Jorge José da Rocha Guaranho is a federal penal police officer since 2010,[8] and describes himself as Christian, conservative, armamentist, against abortion, and a supporter of Bolsonarism.[9][10] In his social networks, the majority of his posts are in favor of Bolsonaro and his guidelines, and include critics to Rede Globo and Alexandre de Moraes, as well as a selfie with Eduardo Bolsonaro.[9][10] In 2018, Guaranho was arrested for contempt against military police officers in Guapimirim, Guapimirim.[11] Guaranho also was target of an internal charge, which was archived. In October 2019, he had a disagreement with security agents of a party in Capanema, where a police report was filed. There was no conviction in any of the cases.[12] He was studying Medicine in Ciudad del Este.[13] He was secretary of the director's board of the Itaipu Physical Security Sportive Association, where the party was held, but Guaranho never met Arruda and was not invited for the event.[8]

Murder[edit]

External video
Camera registers the moment that Bolsonaro supporters invades birth day party and murders municipal guard who was PT treasurer in Foz do Iguaçu

The birthday party of Marcelo Arruda occurred in Aresf, a club formed by private and public security agents, which had recently installed CCTV cameras around the place. At 9pm, Márcio Jacob Muller Murback, one of the club directors, accessed the club's CCTV cameras by his cell phone and saw the party. Márcio was accompanied by federal penal execution agent, Jorge Guaranho, 700 metres (2,300 ft) away from there, in an another association, the Assemib.[14] In his hearing, Márcio Murback said that Guaranho initially didn't react after seeing the images, and was present for more than 3 hours in the Assemib barbecue party. After that, Guaranho left Assemib and drove towards Arruda's birthday party, in Aresf.[14]

The security cameras show a white car maneuvering in front of the entrance of the Association at 11:40pm. The driver is Jorge Guaranho, supporter of Jair Bolsonaro.[15] Guaranho hadn't meet any of the guests and wasn't invited.[4] A woman, Guaranho's wife, and a toddler, his son, were also in the car.[4] According to the previous police officer, Iane Cardoso, Guaranho was playing a song related to Bolsonaro in the car, with the chorus "The myth has arrived and Brazil woke up".[16][17] Marcelo Arrudo heads towards the driver, trying to talk to him, which appears to yell to Marcelo;[15] according to witnesses, Guaranho expressed his support to president Bolsonaro.[4] Marcelo then picks up a handful of soil from a nearby flower bed and throws towards the driver, who takes his gun and points towards Marcelo. At this moment, Marcelo's wife heads towards the vehicle, trying to talk with the involved. Guaranho's wife, who was in the car, opens the back door, asks for her husband to stop and begs for them to leave. As other guests come closer, Guaranho left the place sharply accelerating his vehicle.

The same security camera shows Guaranho returning at 11:51pm. He returns alone, parks the vehicle and leaves it already handling a gun. Marcelo Arruda's wife, who's at the entrance, shows her police officer badge and orders Guaranho to put away his gun, but he ignores her. They briefly discuss while Guaranho aims towards the inside of the building. Then, he shoots a few times and enters the building.[15] In the CCTV images, it is possible to see that, after being shot by Guaranho, Marcelo Arruda puts his hand on his waist and falls to the ground, crawling in search for shelter under a table. The shooter then enters the place ready to execute Marcelo, who was laying on the floor, but a last minute intervention of Marcelo's wife unbalances the shooter and knock him down, but not before Guaranho could shoot point blank towards Arruda. At this moment, the victims begins to shoot back against Guaranho, who tries to get up and escape through the back door, but he is shot multiple times until falling to the ground. With the end of the shooting, a few men arrive and begin to kick Guaranho after noticing he was still moving.[15]

The Military Police and the Firefighters Corp arrived at around 12am. Marcelo Arruda and Jorge Guaranho were admitted at Foz do Iguaçu Municipal Hospital. At 4:25am, Arruda was pronounced dead.[7] His funeral occurred at the afternoon of 10 July,[18] and high-level officers of the Workers' Party, such as the party president Gleisi Hoffmann, were present at his funeral.[19] His body was buried at 3:30pm on the following day, in Jardim São Paulo Cemitery, in Foz do Iguaçu.[20]

Testimony of Francielle Sales da Silva[edit]

The wife of Jorge Guaranho, Francielle Sales da Silva, denies the political motive of the crime, and affirms that the meeting of Marcelo Arruda and Guaranho was a coincidence. According to her, her husband was patrolling the area and Guaranho was provoked by Arruda first for listening to the song "O mito chegou". Francielle sustains that her husband wasn't expecting being agressively greeted, as she was told a lot of police officers were present at the party. She also witnessed her husband showing his gun only when Arruda threw sand and rocks at their car, situation that made him leave with his family, but also returning to the location to "start a fight". She alleged that her husband is not a right-wing extremist, and the fanatic was the victim, Marcelo Arruda.[21][22]

The directors of the association confirmed in testimony that the practice of patrols was very common. However, the president of the association said that only the housekeeper Elianai Figueiredo knew how to precise the frequency of Guaranho patrols. When questioned, the housekeeper answered that he remembers that the assailant made only one of these patrol, around 8 months before the murder. Jorge Guaranho had served as secretary of Aresf, but he left the position at that same time, according to his colleagues.[23] A Scientific Police report contested that Arruda threw rocks at Guaranho's car.[24]

Investigation[edit]

The Municipal Secretary of Public Security of Foz do Iguaçu, Marcos Antonio Jahnke, mourned his death and affirmed that the Civil Police will investigate the crime motivation: "As we noticed, it was political intolerance".[4] A Special Parliamentary Commission was created to follow the case.[13] Initially, the Civil Police of Paraná had informed that Guaranho had died. However, at the afternoon of 10 July, they retified the information, saying his health condition was critical,[25] and on 12 July, the State Secretariat of Public Security of Paraná published a statement affirming he was sedated in the ICU of Ministro Cavalcanti Hospital in Foz do Iguaçu.[26][27] The officer of the case was Iane Cardoso. She was criticized because, in her first interview, she called Guaranho a "victim". Besides that, many posts against the Workers' Party were found in her social networks. At the morning of 11 July, the State Government announced that Cardoso was replaced by homicides division officer, Camila Cecconello. The official reason for the replacing, according the State Secretariat advisor, was "the homicides division had more resources and experience for this situation".[28]

Also on 11 July, after a request of the state Public Prosecutor's Office, the state Justice Court issued an arrest warrant against Guaranho.[29] On 15 July, Cecconello finished the inquiry and discarded the possibility of political crime be the murder motive. Thus, the investigation and eventual lawsuits against Guaranho would be made from the precept that he committed a common crime.[30] The measure got many critics from the victim's family, criminalists and the Workers' Party.[31][32][33] The family attorneys considered begin an international investigation.[34]

On 17 July, the State Secretariat of Public Security announced that it would not be possible to classify the murder as political, as the old National Security Law was repealed by the Law of Crimes against the Democratic State, didn't typify the situation. The department supported the inquiry published by the Civil Police and justified their actions saying that they were a technical institution and that "political opinions or expressions are out of their attributions expressed in the Constitution".[35]

On 19 July, judge Gustavo Germano Francisco Arguello, of the 3rd Criminal Circuit of Foz do Iguaçu, returned the inquiry to the Civil Police, asking for more informations.[36] The asked reports were related to the ballistic confront, video recorder analysis, the assailant cell phone and vehicle analysis and location of the death.[37] So, on 20 July, the prosecutors Tiago Lisboa and Luis Marcelo Mafra Bernardes da Silva from the state Public Prosecutor's Office charged Guaranho with a second-degree murder for futile motive and common danger. Also, the political motive of the crime was highlighted, against the version offered by officer Camila Cecconello. Some foresic reports are still missing, but the prosecutors believe they can be attached later.[36] Guaranho had 10 days to testify on his defense.[38]

On the same day, Jorge Guaranho left the hospital ICU, after being conscious and a stable health condition,[36] still held by the Military Police.[27] Guaranho had bullet fragments in his head and was shot on the mouth, arms and left leg, besides beign nearly hit on the neck.[39] A day later, due to a request made by the Public Prosecutor's Office, it was authorized that relatives and two attorneys could visit him.[27] On the same day, judge Gustavo Germano accepted the PPO charges.[40] On 25 July, the judge gave a 10 days deadline for Guaranho's cell phone could be examined.[41] On 1 August, the defense attorney Luciano Santoro affirmed that his client doesn't call of the crime due to head injuries caused by the kicks he received.[42]

On 4 August, the Paraná Justice Court rejected home arrest for Guaranho claiming that his health condition was fragile,[43] request rejected again on 10 August. On the same day, Guaranho was released from hospital. Judge Germano rejected again the request, as he argued Guaranho could be held at the Penal Medical Complex, but the Public Security Secretariat doubted the facility could guarantee the defendants safety, as it was in physical restructuring and personnel hiring. Besides that, Guaranho had to be followed by a nutritionist and a speech therapist, professions not present in the complex. Because of that, Gustavo Germano approved home arrest temporarily. The relatives of Marcelo published a letter, statint that "the possibily of the homicide have his arrest revoked or converted into home arrest makes us perplexed and afraid, known the dangerousness presented by an individual that had the audacity to commit an extreme act of contempt against the life of a human being". The attorneys of Arruda family alerted for the possibility of escape of Guaranho to Paraguay, as the officer was studying Medicine in Ciudad del Este, a city located next to Foz do Iguaçu. The family asked for the help of the State Legislative Assembly, which answered that they will have meeting with the State Secretary of Public Security and the Prosecutor-General of the Republic, and that they would visit the Penal Medical Complex.[13][44][45] Protesters went to the hospital to manifest against Guaranho. On 12 August, his home arrest was revoked after the Public Security Secretariat rectified their last statement, affirmind the complex has conditions to hold Guaranho.[39]

On 25 August, the deadline for the defense analysis had ended, so the defense attorney asked for a larger period. The defense alleges that more forensic analysis had to be done and prove that Guaranho didn't murder based on the chronological order of the facts.[46] The first audience was scheduled to 14 September through teleconference, with the possibility to hear the witnesses on the following day, in case they could not be present.[47]

The witnesses claimed that they were being threated. The Public Prosecutor's Office affirmed they were investigating.[12]

Agression against Jorge Guaranho[edit]

The Civil Police of Paraná opened an inquiry to investigate if the three individuals who kicked Guaranhos in the head and ribs committed any crime, after he was shot by his victim.[12]

Forensics[edit]

The forensic report issued by the Criminalistics Institute of Paraná states that Guaranho shot three times, while Marcelo shot thirteen times. Both guns were semi-automatic pistols, a .40 belonging to Guaranho and a .380 belonging to Arruda. The report issued by the Scientific Police denies the testimony of Guaranho's wife, that Arrudo threw rocks at their car. The forensic report of the CCTV cameras shows that, two days after the crime, someone deleted the access records remotely, but the filming was preserved and unaltered.[48]

Involvement of Claudinei Coco Esquarcini[edit]

In a testimony, vigilant José Augusto Fabri affirmed that it was not common the access of the CCTV records by unnauthorized people, and the responsible for the access was Claudinei Coco Esquarcini, director of Aresf. Claudinei knew Guaranho and it is possible that the images were forwarded by him. On 17 July, Claudinei was found dead in the city of Medianeira. The Civil Police of Paraná concluded he committed suicide.[49] There was a hypotesis that Claudinei was also a victim of the crime, but a camera filmed the moment he died. Claudinei jumped from a viaduct in BR-277.[50] However, the Civil Police still investigates the link to the murder.[51]

Reaction[edit]

Politicians[edit]

  • Hamilton Mourão (Republicanos) - In a press conference, the vice president minimized the event.[52] Mourão affirmed that "it is not concerning, don't make political exploration from this. I will repeat what I'm saying, let's close this coffin. To me, it is one of these unfortunate events that happen every weekend in our cities, of people who fight and chose to kill each other".[53]
  • Luiz Inácio Lula da Silva (PT) - In his Twitter account, former president Lula wrote that "we need democracy, dialogue, tolerance and peace".[54][55]
  • Gleisi Hoffmann (PT) - The president of the Workers' Party was present in the victim's funeral. In her social networks, the federal deputy published the following message: "It's with deep sadness I record this video. One more fellow comrade passed away this night. Victim of intolerance, of hate and of political violence, during his own 50th birthday celebration with his relatives, friends and partner in Foz do Iguaçu. Our Marcelo de Arruda was murdered by a bolsonarist".[56]
  • Ciro Gomes (PDT) - Also in his Twitter account, Gomes stated that "the political hate needs to be contained to avoid we have a tragedy of gigantic proportions. May God, in His mercy, intercedes in favor of us, Brazilians. Pacifying our souls and brings comfort to the two families destroyed in this absurd war".[57]
  • Simone Tebet (MDB) - In a statement, Tebet commented: "I deeply regret the violent deaths in Foz do Iguaçu. I solidarize with both families. But the fact is that this kind of situation shows, in a cruel and dramatic way, how unnacceptable is the aggravation of the political polarization that advances in Brazil. This kind of conflict hugely threats us as a society. It's against this I will keep fighting for".[58]
  • Rodrigo Pacheco (PSD) - The President of the Federal Senate classified the episode as the "pure expression of the political hate moment". On the next day, Pacheco opened a joint session of the National Congress with a moment of silence in tribute to Arruda.[59]
  • Arthur Lira (PP) - The President of the Chamber of Deputies reppudiated the violance on behalf of the Chamber: "the Chamber of Deputies rejects any kind of violence, yet due to political manifestations. The democracy presupposes the wide debate of ideas and the warranty of defence of partisan positions, with tolerance and respect to freedom of speech".[60]
  • Chico Brasileiro (PSD) - The mayor of Foz do Iguaçu published a statement which reads: "we thank Marcelo Arruda for all of his dedication and commitment with the Municipality, were in his 28 years as a public servand he bravely defended, acting in the security and defence of municipal servants. We wish the family, friends and colleagues of Marcelo strength in this moment of grief".[4]

Judiciary[edit]

  • Alexandre de Moraes - The Supreme Federal Court Justice used his Twitter account to state that "the intolerance, the violence and hate are enemies of the democracy and the development of Brazil. The respect of free choice of one of the 150 million voters is sacred and must be defended by all authorities of the Three Powers".[61]

Artistic class[edit]

National press[edit]

State-owned press agencies such as the Brazil Communication Company and TV Brasil omitted that the murderer, Jorge Guaranho, was supporter of Bolsonaro. EBC published that the "police of Paraná investigates the death of municipal guard in Foz do Iguaçu", and TV Brasil that "municipal guard was killed in a gunfight".[63]

International press[edit]

The international press also published articles about the case, including French newspapers Le Parisien and Le Figaro,[64][65] Argentinan Infobae,[66] Spanish El País[67] and British agency Reuters.[68] Other companies that reported the fact are Americans CNN and The Washington Post and state-owned PBS.[69][70][71]

Protests[edit]

On 14 August, Father's Day, family and friends of Marcelo Arruda made a protest in Our Lady of Guadalupe Church, with cards saying "first Father's Day without our father".[72]

Impact in the elections[edit]

Presidential candidates[edit]

Jair Bolsonaro was doing bad in the opinion polling for the 2022 Brazilian general election, so his allies insisted that the president should ignore the hate speech.[73] Intermediated by deputy Otoni de Paula (MDB-RJ), Bolsonaro made a videocall with José and Luiz Arruda, two brothers of Marcelo Arruda, who are his supporters. During the call, the president regretted the event, attacked the left-wing and complained about how the media is showing the fact, understanding that the case jeopardize his campaign for reelection in 2022. Lastly, Bolsonaro invited them for a press conference. Arruda's brothers didn't accept or refuse the inviation, but told Bolsonaro that they don't want his death to be politically explored.[74] Yet, Bolsonaro told that the people who killed Guaranho were supporters of the Workers' Party, but met with Marcelo's brother again and apologized for publishing a fake new. Otoni de Paul said he was responsible for telling the incorrent information to the president.[75]

After take notice of the existence of the videocall through the press, Arruda's widow stated that it was "absurd", and affirmed that the president misrepresents the real story after saying the murdered didn't went to the party with political motivation.[76] The candidate for President Luiz Inácio Lula da Silva criticized the meeting, saying that it had electoral motivations. The Special Secretariat of Social Communication prohibited the publishing of the video to avoid bring electoral connotation to the meeting.[73]

Because of the political violence, the Federal Police classified the former president security as high risk and decided to antecipate and expand his protection during the elections. In interview to UOL, Lula reaffirmed he doesn't fear for his life and that Bolsonaro has responsability for the murder of Marcelo.[77]

Political parties[edit]

On 12 July, the pre-campaign coalition of former president Lula delivered a petition to the Prosecutor-General of the Republic asking for the case to be moved to the Federal Justice. On the same day, the Prosecutor-General received another request, now from the opposition congressists, asking for president Jair Bolsonaro to be investigated for the crime of incitment of hatred and violence.[78]

Worried about the escalation of political violence during the elections, the Workers' Party (PT), Brazilian Socialist Party (PSB), Communist Party of Brazil (PCdoB), Green Party (PV), Sustainability Network (REDE), Socialism and Liberty Party (PSOL) and Solidariedade filed a requirement for the analysis of a bill that proposed the suspension of bear guns on the week before election day and the following 7 days. Deputies Alencar Santana (PT-SP), Reginaldo Lopes (PT-MG), Afonso Florence (PT-BA), Renildo Calheiros (PCdoB-PE), André Figueiredo (PDT-CE), Joênia Wapichana (REDE-RR), Wolney Queiroz (PDT-PE), Bira do Pindaré (PSB-MA) and José Carlos Bacelar (PV-BA) sent a query on 13 July to justice Alexandre de Moraes, of the Superior Electoral Court, probing the possibility of the court to prohibit the transit of armed people in voting polls, establishing that the right to bear arms would be restrict for the country's security forces personnel.[79]

The query about the prohibition was delivered to the superior court along with two other representations signed by the parties. The first asks the court to adopt measure to avoid and punish cases of political violence. The second one asks the court to order Bolsonaro to stop making hate speeches or incite violence, yet implicit, and that the head of the Executive Power should condemn in a clear and unambiguous way" in his social networks for all of the acts of political discrimination and violence, beginning with the murder of Marcelo Arruda. The representation also asks that Bolsonaro pay a fine of R$ 1 million (US$ 190,500 in September 2022) if he engages in this behavior. On 20 July, justice Moraes received the representation and determined that the president should send his defense in 48 hours.[80] On the same day, the president's attorneys stated that Bolsonaro cannot be accountable for the acts of his supporters, once he doesn't control them.[81]

On 25 July, the Chamber of Deputies Human Rights Commission sent a document to the United Nations Organization with other 13 reports of political violence caused by Bolsonaro supporters, including other two murderers. They are Moa do Katendê, stabbed in 2018, and Antônio Carlos Rodriges Furtado, beaten to death in 2019. Both were killed by Bolsonaro supporters after political discussions.[82]

On 9 August, the Prosecutor General's office told Valor Econômico that they won't federalize the case, as the investigation deadlines were fulfilled, the public agencies were doing an efficient job and there were few chances that Brazil could be internationally liable for human rights violations.[83]

See also[edit]

References[edit]

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  34. Nascimento, Houldine (12 July 2022). "Advogados de petista morte citam internacionalização do caso". Poder360 (in português). Retrieved 7 September 2022.
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