Carlos Lamarca

circumstances of death and State responsibility

Authors

  • Miguel Reale Junior

Keywords:

Lamarca, State responsibility, Summary execution, Amnesty, Operation Pajussara

Abstract

The article examines the circumstances of Carlos Lamarca's death and the responsibility of the State, within the scope of the Special Commission created by Law 9,140/95. The exposition starts from the abstraction of the political activist's personal conditions and the actions he practiced, due to the amnesty, in order to confine itself to the concrete examination of the moment of his death, with the purpose of verifying abusive and unnecessary conduct by State agents. The investigation reconstructs the facts based on the report of Operation Pajussara, demonstrating that the military forces held full control of the situation and could have captured the guerrillas, who were unarmed. The text concludes by recognizing State responsibility and characterizing the summary execution.

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Author Biography

Miguel Reale Junior

Professor de Direito Penal e presidente da Comissão Especial da Lei 9.140/95.

References

BRASIL. Lei 9.140, de 04 de dezembro de 1995.

COMISSÃO ESPECIAL LEI 9.140/95. Ata da XIII reunião ordinária. Brasília, 11 set. 1996.

Published

1997-07-01

How to Cite

REALE JUNIOR, Miguel. Carlos Lamarca: circumstances of death and State responsibility. Brazilian Journal of Criminal Science, São Paulo, v. 19, n. 19, p. 253–256, 1997. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3637. Acesso em: 20 oct. 2026.

Issue

Section

Pareceres e Trabalhos Forenses
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