Em Português

You will find herein below a description of the facts which changed completely my whole life since March 19, 1968. I’ve been struggling for over 12 years to get recognition to my right to special retirement pension and indemnification to be paid by the Union, for the same noble political reasons all this people got their own benefits:

* Early in the morning of March 19, 1968 in São Paulo,  when I was 22 years old only, having no involvement with any of both sides in conflict at that time, being a common citizen who should be protected by the State, I was victim of a bomb attack made against the American Consulate in São Paulo. As a consequence of the explosion, I’ve been left with a permanent  sequel for the rest of my days, as I lost my left leg.

* Next, I’ve been subject to very strong constraints by the security system because they suspected I would be one of the authors of the bomb attack. Only in 1993 these suspicions have been definitively cleared up, including those suspicions various people of my own knowledge had in my respect (see ahead).

* After that fact, I was no longer able to work at the profession I was about to hold, namely a commercial pilot (license Nº 10.696 - D.A.C.), and all the my professional achievement I could have had through my professional carreer has been violently cleared from my dreams due to my obvious physical handicap, and all of that as a result of a terrorist action taken against the State.

Some newspaper headlines of that time:
 
 

 * In 1993, by means of an interview to a newspaper, I’ve discovered one of the authors of the attack, and he recognized for the first  time in public his act. Immediately, I’ve lodged a reparation action against him, but in September 1996 this indemnification attempt got frustrated because the judges understood the suit’s term had already expired.

* In July, 1995 I got knowledge through the press the government would propose to pass a Law Bill to the Congress (No. 869/95) to recognize  and indemnify the family members of people disappeared between the years 1964 and 1979 due to political reasons.

* Discontented with the unfair unilateral decision, I sent letters reporting these facts to the President of the Republic, Senate, House of Representatives, Human Rights Commission, and to five (5) Federal Congressmen. I’ve received answers from all of them, but no solution.

* As it is known, the project has been approved and everyone is already receiving their benefits. However, I am still today without a solution.

* It is generally known special retirement pensions have been granted  to those pursued or arrested due to political reasons during the military regime under the argument the State has the obligation to repair errors (Lula, Sandra Starling, Jair Meneghelli, Luciano Zica, Mário Lago, Rodolfo Konder, Dias Gomes, etc. nearly 260 people).

* Recently the press disclosed the President of the Republic has decreed the indemnification of Wladimir Herzog’s widow (Decree No. 2255 of July 16, 1997) and another decree to the family members of 40 militants of that time.

* On September 23, 1997 I sent a letter to the Respectful President of the Republic recalling the case of the decrees previously mentioned, and reiterating my previous request (indemnification and special retirement pension).

* I heard the President visited Alcantara Base and when approached by one of the engineers he knew the low salary he received. In a surprising way to me, a week later, Mr. President raised the salary of the engineers of that base by means of a Provisional Measure.

* On January 5, 1998 I sent a public letter ( soon in english ) on Internet addressed to the respectful National Secretary of Human Rights reporting all these facts.

* On January 21, 1998 the Brazilian senators decided to spoil for congressman Fernando Gabeira’s  fight to got into the United States and attend the launch of a movie telling his history when he was an outlaw (ex-political terrorist who took part in the kidnapping of an American Ambassador in Brazil in 1969), and they made an officio to be sent to the American Senate gathering more than 30 signatures asking the granting of a visas for the congressman to enter into the United States.

*On February 18, 1998 the Brasilian National Human Rights Secretary, asked about my case, declared in interview to Folha de São Paulo Newspaper: “The state, no matter who was in charge when the facts occurred, have what we use to call ‘culpa in vigilando’(latin) wich means: he didn’t give the security that he should have to the citysen.....The State, according with the ‘culpa in vigilando’, will have to indemnify him........”. Although, up to now, no conclusive accion was done to put and end to the dispute.

* In, April 12, 1998 I am sending a public letter ( soon in english ) on Internet to the President of the Republic, President of the Federal Senate, President of the House of Representatives and National Secretary of Human Rights begging them to interfere definitively in this matter.

* On December 10th, 1998, I was, in a pacific and lonely protest with banners, in front of UNO building (New York city), because it was the day when they were celebrating the 50th anniversary of Universal Declaration of the Human Rights, and the Brasilian National Secretary would receive from them, the award by the brasilian actions in that area, but the celebration slogan, “ALL  THE HUMAN RIGHTS FOR ALL”, is still not applied here in Brasil. Although I had spent all day long in front o the celebration pavillion, under the 46º F temperature, the Secretary not even took knowlege of my person. Only the press registered the fact ( news information I and news information II  )
 
 

* On December 15th, 1998, I was aware by the press, that the politicians, now through the brasilian parliament, still were insisting in get the American Visa to Fernando Gabeira, brasilian deputy of State, one of the members in the American Embassador kidnapping in 1969 in Brasil. Although, from my letter, no one up to know, seem to be aware.

* On December 17th ,1998, José Carlos Graça Wagner, a brasilian law maker, faxed the brasilian National Human Rights Secretary, reminding him the unffair position that the Federal Government, take in relation to my case. After that, wrote on January 1999, wrote a document were he reminds  the “improving manipulation of true values, by sectarian groups"  and sent this work to various departments.

* In June 28 and June 29, 1999, disabled by omission of the Brazilian authorities of doing a protest in CIMEIRAAMÉRICA LATINA CARIBE
AND EUROPEAN UNION in Rio de Janeiro, I made a virtual protest with a live WebCam in the days of the event, just as if there it was.
 

I have all of that carefully documented, and I have no objection as to the Project and its approval, as well as to the recent Decrees and Provisional Measures issued. However, I’ve been following discontented all these facts, because I am left with the impression there are two ways of solving one single matter, and all of that can only be solved by political accommodation. But, up to now I’ve only got evasive answers.

As one can see, I was war victim as much as those who disappeared, or having been arrested or pursued due to political reasonss, because when I was navigating carelessly through that moody river, I’ve been hit by the crossed fire between the left and the right border. There is a large difference between me and them. All of them have chosen and took over the risk of the insurgence and repression. I didn’t. I was a mere casualty, and I was supposed to be protected by the State at the diplomatic premises of a foreign mission and I was supposed to be protected by the Brazilian State security too.

My right to claim a mere  economic compensation for the loss proven to be irreparable does not need to be taken as a favor by the Government, nor doest it require a special law. It is the State obligation, because:

Article 144 of the Federal Constitution states that security is the State duty and responsibility of everyone. The current Government is the Champion of Provisional Measures and the facts are, constitutionally, the recognition of the State’s liability for not being prepared to prevent a terrorist attack to the American Consulate from being made, an incident sperfectly possible at that stage of the national life, and this is therefore a clear omission.

Article 5 of the Federal Constitution further states the security is inviolable.  In fact, in this case, I’ve been offended by a terrorist political action in a territory which should be under the guard of the State. If I had died I would have received the indemnification, because  I would be treated as someone pursued due to political reasons, despite of having done an aggression to a civil covered by political reasons.

And more, article 5 of the Federal Constitution further sets forth the equality is inviolable.  The parties, in view of the same circumstance, have to be treated evenly. The victim has the same right to indemnification as the terrorist would have should he had suffered any damage.

And more, article 5th of the Federal Constitution, states about the inviolability of the right of living. The loss of a leg, strongly represents the partial lost of the right of living.

Therefore, there is no need for juridical studies. It is simply to apply the equity, a Decree or Provisional Measure, as many others made by the politicians, which have benefited their old struggle fellows.