Case of the Naves Brothers (1967) - full transcript

"THE CASE OF THE
NAVES BROTHERS"

THE EVENTS IN THIS
MOVIE FOLLOW...

THE TRIAL PROCEEDINGS AND
THE FACTS SURROUNDING IT...

AS THEY ARE DOCUMENTED
IN THE BOOK...

BY THE NAVES'
DEFENSE ATTORNEY

NOVEMBER 29, 1937

On the early morning
of this day...

after being forced to sell
at great loss a whole rice crop...

purchased with money
lent by his family...

Benedito Pereira Caetano
warning no one...

leaves the town of Araguari
for parts unknown...



takingwith him 90 million r?is.

Until the day he left Araguari...

Benedito Pereira Caetano was staying
with Joaquim Naves Rosa...

his relative and friend, who was
also his partner in a truck...

they used to transport
grains to sell in the city.

Worried about Benedito, who they
knew was carrying the money...

hidden underneath his clothes,
Joaquim and his brotherSebasti?o...

early in the morning,decide to look
for him at a woman's house...

where he used
to spend some nights.

The Naves brothers ask about
Benedito at several places in town...

to no avail. Growing upset, then,
they decide to warn the police.

The town's chief of police asks them
to go to Benedito's father's farm...

and starts an investigation
about his disappearance.

ARAGUARI POLICE STATION
MINAS GERAIS POLICE



- In what way you knew Benedito?
- Every possible way, Chief.

- How did he show up at your home?
- Why, like everyone does, Chief.

He always showed up. He slept with
me. Wanted me to be his concubine.

- What do you mean?
- He wanted to set up a home for me.

He wanted to take me
to Nova Ponte with him...

because here, you know,
people notice, they talk about it.

I'm not interested in that.
So you didn't accept?

No, sir. No way, Chief.
To starve? Not me.

It wouldn't've worked out.
Benedito's too much of a cheapskate.

Last time he gave me only
20,OOO r?is, imagine that.

- When was that?
- One of these nights, I don't know.

- Wasn't it last night?
- No, sir.

Last night he was at the cabaret.
He danced with me for a while...

then with the other girls. I left with
Z? do Santinho and he stayed.

- What time was that?
- About 2:OO, 2:30 AM.

- So you didn't see him again?
- No, sir. I went back home with Z?.

I can't explain, Chief.
I was having dinner...

when the Naves brothers
showed up in their truck...

...saying Benedito was missing.
- When did you last see your son?

More than two months ago.
He wrote to me, though.

He said he'd be back
as soon as he sold the rice.

- When was that?
- A while back now.

He said it was hard
to raise the money this time.

Trade doesn't look good,
right, Joaquim?

- Were you aware of his dealings?
- Why, of course.

- We lent him the money.
- Who lent it?

Me, some of his mother's savings
and his brother-in-law's.

We raised 116 million so
Benedito could buy the rice.

- What about his truck?
- No.

The Ford he bought
on credit with Joaquim.

The truck belongs to both of them.

Do you suspect anyone or any reason
for Benedito to go missing?

To be honest, I don't, Chief.
My son is a good man.

He's hardworking.
Everybody is fond of him.

He never picked
no bones with no one.

Doesn't he drink?
Isn't he a womanizer?

Benedito has no vices. He doesn't
spend his nights on such nonsense.

He's not like that.
He's not!

Okay. That'll be all for now.

THE NEW BRAZILIAN REGIME IS
AN AUTHORITARIAN DEMOCRACY

This new regime will make the stock
market plunge even lower.

Money's worth nothing nowadays.

Even so, Mr. Josias,
90 million is a lot of money.

You could build another house like
this one for a lot less than that.

Besides, the financial hardships
will soon be over.

We need a strong hand. Without
authority, there'll be no respect.

Time passes and there's no solution.
The authorities are too soft.

That's what I'm
telling you, Colonel.

Benedito disappeared
with that much money.

I know. I'd make that thief eat lead,
no questions asked! I'm not kidding!

That's right, miss.
Enough "live and let live".

This new government should show
who's boss.

How can someone disappear with
90 million and no one do anything?

I say, Mr. Salim, at this rate...

...we won't be safe anywhere.
- Right.

This time it was Benedito.
Next time it'll be anyone of us.

- Money makes people go itchy.
- There's something fishy about it.

The truck belonged to both.
They worked together.

Benedito lived at Quinca's.
Can you believe that?

Another thing, don't take
my word for it, the facts are there.

I'm not accusing anyone, but this
thing stinks. Someone's gotta pay.

If we leave things like this,
where are we gonna end up? I think...

- Afternoon.
- Afternoon.

Speaking of the devil...

Don't put words into my mouth...

but on that Sunday, the three
of them, that guy Joaquim...

Sebasti?o, his brother,
and this Benedito character...

weren't they all at the
new bridge's opening?

Why, of course.
I even talked to them.

- Thanks.
- You're welcome.

- Good evening.
- Good evening.

Good evening.

Holy Mary, Mother of God,
pray for us sinners...

now and in the time
of our death, amen.

Hail Mary, full of grace,
the Lord is with Thee...

blessed art Thou amongst women,
blessed is the Fruit of Thy womb.

Holy Mary, Mother of God,
pray for us sinners...

now and in the time
of our death, amen.

DECEMBER 29, 1937
The town's chief of police...

can't find elements to solve the case
or point to any guilty parties...

forthe disappearance of Benedito.

In early December,
a special chief of police...

a lieutenant of the State's
army is appointed.

Sit down, ma'am.

- We got news, Chief.
- Yes, Lieutenant. Mom'll tell you.

- A clue to Benedito's whereabouts.
- May I speak, Chief?

Z? Prontid?o met Benedito in
Uberl?ndia, very much like ours.

Z? showed up a few days
ago with Bastiana...

and when I told her about
Benedito, Z? interrupted.

- Who's this Bastiana?
- She was raised by me.

Now she lives in Uberl?ndia and
works at the Belo Horizonte Inn.

She came to visit me,
she got a lift from Prontid?o.

When I told her about the case,
Z? talked about this Benedito...

...saying he looked like I said.
- That's right, Chief.

Prontid?o said he'd bring him here
as soon as he showed up.

It's gotta be Benedito,
judging by what he said.

Prontid?o said he worked three
days for his boss, Z? Augusto...

and then hitched a ride on a truck
either to Uberaba or S?o Paulo.

Last time Prontid?o saw him,
he carried a suitcase this big.

He was at the gas station
by night, ready to leave.

Prontid?o said he hitched a ride with
Z? Am?ncio to Sta. Rita do Parana?ba.

What was this Benedito
from Uberl?ndia like?

Judging by what Prontid?o
told us, it was him.

Yes, he was using boots,
denim pants, a shirt and a jacket.

- It was exactly like him.
- Like we saw him when he left...

after we came from
the bridge party.

What about the suitcase
Prontid?o told you about?

Well, he didn't take no suitcase.
His clothes are still back home.

- But maybe he bought it over there.
- Okay, that's enough for now.

I'm gonna check this out.
I've summoned this Prontid?o guy.

You may go.

Aulete...

I'm gonna have to squeeze them.
Hold that... Joaquim guy.

Yes, sir. Right away.

- Good morning, Nhozinho.
- Mornin'.

- They've arrested Quinca now.
- It can't be. They can't do that.

More grief over Quinca's head.
That's all he needed right now.

I don't understand.
How can he disappear like that?

- Looks like the devil's work.
- But he's gotta show up.

Dito's gonna come back.
Our Lady won't leave us in this fix.

He has to show up.
He can't disappear like that.

But that chief of police
can't do that to you folks.

Everyone's against us in town. They
look at us as if we were murderers.

I've never seen anything
like this in my life.

- And I've seen a lot.
- We don't know what the Chief'll do.

How dare he arrest Quinca?
He's got to turn him loose.

You folks shouldn't pay for other
people's errors. That ain't right.

- Everyone's suspicious of us.
- Poor Donana.

In her old age, to suffer like this.
Everyone's going crazy.

But, God willing,
things won't stay that way.

Dito's gonna come back and
take responsibility for the money.

I've come to get chickens and eggs
to sell in the city, brother-in-law.

I also want to leave
some money with you.

We don't know what can happen
at home. Here is safer.

Why are you so worried? You're good
people, you haven't done anything.

What could possibly happen?

It's best if you keep the money
at home. It might come in handy.

It's a precaution. If they arrest me,
you can help Salvina.

The chief of police wouldn't dare.
You're being too pessimistic.

Keep it as advance money on my
purchases: three and a half million.

Take the chickens and the eggs
I just bought out of it.

I can't, Basti?o. I'm your friend,
but you gotta understand.

- I'm too old to get in trouble.
- You said it, Nhozinho.

Then keep 500,000 to pay
for the merchandise.

I ain't got no change.
Pay me next time.

Give me the change
when you come to the city.

As you wish, Basti?o.

- Name?
- Jos? Joaquim Teodoro de Lima.

- But what do people call you?
- They call me Z?. Z? Prontid?o.

Because of my services.

- Age, profession?
-35. Truck driver and helping hand.

- Marital status? Married or single?
- Married. I'm married.

- Where do you live?
- In Uberl?ndia...

where the lieutenant sent for me.

- Tell me what you know.
- As I told Donana, Lieutenant...

I came here last month, looking
for a dog, and I paid her a visit.

- I told her I was looking for a dog.
- What dog?

- A missing dog.
- A traveling dog?

- It came from Uberl?ndia?
- People told me it was here.

Really? Did the dog take the train
all by itself? Did it hitchhike here?

No, no, sir.
Somebody stole it and put it in a truck.

Mr. Jo?o Daia sent me.
It was his pet, a nice hunting dog.

I couldn't find him.
I was very upset.

Then Donana told me she was worried,
but not about a dog.

About a missing person. She told me
about Benedito's disappearance.

Then I recalled that last month I was
by the warehouse with Z? Augusto...

...when a guy came asking for a job.
- Who's this Z? Augusto?

- He's my boss.
- Go on.

Z? Augusto hired him.
The guy worked for three days.

I was at the Atlantic gas station and
he showed up with a big suitcase.

He said he wanted to hitch a ride
on a truck. His name was Benedito.

- Benedito Pereira, I'm sure.
- Then what?

- Then what what, Chief?
- You never saw him again?

No, sir, never again. When I arrived
here looking for Mr. Jo?o's dog...

I paid Donana a visit and I told her
I'm looking for Mr. Jo?o's dog...

...his pet, a really nice...
- Okay, okay, enough!

You talk too much.
Wait outside.

So? New year, new ideas?

Or not?

Answer me! Or you want
to go back down there?

I'll talk.

Sit down.

Very well.
What about the dog?

Did Donana ask you
to tell that story?

Donana?

Yes, Donana!
Did she ask you to tell me that story?

Yes, Donana asked me.

- But it was all made up.
- Yes, sir, it was.

- I made it up.
- Then you knew Joaquim, didn't you?

What about Sebasti?o?

Are you gonna tell me
you didn't know him either?

Yes, I did, sir.

But who asked you to tell that lie
about a Benedito in Uberl?ndia?

Joaquim promised you money if you
said you saw Benedito, didn't he?

- He did.
- Then he asked you...

to tell me you saw Benedito
in Uberl?ndia, right?

- Yes or no?
- Yes, sir.

Write it down, Aulete.

The sworn witness
in the form of law...

questioned for the second time,
answered...

Let the old woman go!
Lieutenant's orders!

For God's sake, Mrs. Odete,
hide me! I can't stand it anymore!

I can't! Hide me!

I haven't eaten in days.
I was locked up in a cold basement.

Basti?o screamed, Quinca screamed...
they screamed and screamed all night.

I couldn't sleep.
I heard Basti?o and Quinca's screams.

They were beaten for hours on end!

I swear to God, we don't deserve this!
We didn't do anything!

I'm ashamed to tell you
what we went through.

Quinca and Basti?o didn't say
anything, they're innocent.

They couldn't say anything!
So they were beaten.

Blows and more blows.

I'm even ashamed to tell you.

I can't.
I can't stand it!

They tore my clothes off.
Tied me up.

They wanted to see my sons hitting
me. Hitting their mother! Dear God!

Why such a disgrace? I yelled
to them not to tell any lies.

Let them beat us, but we'd never tell
the lies they made up for us to say.

When Basti?o and Quinca refused
to obey, they attacked me!

They pummeled me
with wooden clubs.

I don't know why they let me go.
They said I shouldn't tell anyone...

told me to keep my mouth shut.
Quinca and Basti?o are still there.

They let me go. Someone took pity
on me because I'm old, that's why...

but Quinca and Basti?o are still
there, they're gonna suffer more!

My sons didn't do anything,
they don't deserve this!

For all that's holy,
they're innocent!

They don't deserve this punishment!
And they're gonna die!

I swear on my own soul,
they didn't do anything!

And they're gonna be
beaten to death!

I'm scared.

I'm scared.

They're gonna die.

I'm scared.

Don't you send me away, Mrs. Odete,
I beg you, don't send me away!

You may stay here, Donana.

No one'll mistreat you again,
I assure you.

Come, Donana. You need
to eat something and rest. Come.

Being a mother, you can't convince
me of your sons' innocence.

I'm at a loss.
I don't know the facts.

Everyone's talking against them.

I refused to defend them before
because of that, you know.

It's a question of principle.
I do not defend that kind of criminal.

They're innocent, sir.
They didn't do anything!

- That isn't the point now, Donana.
- They're gonna be beaten to death!

Nothing justifies that.
What's happening is illegal, monstrous.

My sons won't resist, sir.

I shall do what law prescribes,
Donana.

Innocent or not,
they can't be kept in jail like that.

The Constitution says so.

"Habeas corpus shall be given
whenever someone suffers...

or is in the imminence of suffering
violence or illegal coercion."

Hit him!

More! More!

Come on, soldier! More!
Hit him on the head!

Harder!

More! He's gotta talk!
He's gotta talk!

Stop!

Bring the man.

There.

So? You didn't see Benedito again?

No. I didn't.

- You didn't see Benedito again?!
- No, I didn't!

Okay! We'll do this the hard way, then!
We're gonna kill your brother!

Let's see if you won't confess!

Soldier, cut Sebasti?o loose.

Take him down there!

Shoot him!

Finish him!

Kill Sebasti?o!

Come on, finish him!

Don't do that, Lieutenant!
Don't!

- My brother is innocent! Enough!
- Talk!

But I don't know!

Soldier!

- Talk!
- We're innocent! He didn't do it!

- Stop, Lieutenant! Stop!
- Confess, or you'll die too! Talk!

Get back.

Turquinho!

Come on, shoot him!

No! No! Stop, let me go!
Stop! Stop!

- Shoot him in the back!
- No, Lieutenant! Don't do that to me!

Let me go!
No! No! No!

Fire!

Joaquim!

Okay.

Now it's your turn.

If you won't talk, you'll die too.

Are you gonna talk? Talk!

I'll talk! I'll talk!
I'll tell you anything you want!

I'll talk. I'll tell you
anything you want.

Then you two invited Benedito
to go to Uberl?ndia...

and he accepted the invitation?

He did.

And what did you tell him
to make him accept?

A leisure trip?

Yes, sir.
I think that was it.

Write it down, Aulete.
The declarant stated as follows:

that on November 29
of last year...

about two in the morning...

he was in the company of his
brother Sebasti?o in his house...

waiting the arrival of
Benedito Pereira Caetano...

to invite him for a leisure
trip to Uberl?ndia...

that Benedito Pereira accepted
the invitation to said trip...

and the three of them climbed
immediately into the truck...

driving in the direction
of Pau Furado Bridge...

at three in the morning...

that afterthey crossed said bridge
at about four in the morning...

they got out, the declarant,
his brother and Benedito...

to have a drink of water.
That they climbed down to the river...

his brother leading,Benedito in the
middle and the declarant behind...

hidingwith him a length
of rope of a yard or so...

that arriving by the river,Sebasti?o
grabbed Benedito from behind...

the declarant made a noose with the
rope, tying it on Benedito's neck...

and Sebasti?o suddenly
let go of the victim's arms...

helping the declarant
to twist the rope tight...

that Benedito,in that moment,
lost his senses...

falling on his knees
until all life left him...

which was verified by the declarant
and his brotherSebasti?o.

Sebasti?o,soon afterthat,
searched Benedito's body...

taking from his waist a cloth he had
secured inside his underwear...

where the declarant and his
brother knew he carried...

the amount of 90 million
r?is in cash...

an amount that his
brotherSebasti?o...

deposited inside a soda can prepared
by the declarant to that end.

That afterwards,
his brotherSebasti?o...

grabbed Benedito's
corpse by the head...

and the declarant by the feet,
tossing it in the Velhas River...

leaving by said riverthe rope
they used to execute the crime...

and the cloth where the victim
had carried his money...

that afterwards they drove
the truck back to this township...

and on the way back,
near Ol?mpio de Tal's farm...

the declarant, who drove the truck,
stopped,on his brother's orders.

Afterthey got out of the truck,
in the brush,near a wire fence...

a quarteror half a mile away,
they both stopped...

and they buried the can with
the money in a grassy bush.

The declarant states they used
two trees as landmarks...

so they'd be able to retrieve
their loot in a properoccasion.

There.

Here.

Here.

Here.

Here.

Here.

Here.

Here.

Here.

You won't embarrass me again! I won't
leave till you say where's the money!

Tell me, you bastard!
Where did you put it?

Did Sebasti?o search
your hiding place? Did he?!

- Yes, he did.
- And where did he put it? Talk!

I think he gave it to his
brother-in-law, Nhozinho.

Basti?o visited his farm.

Spill it, you old bastard!

I've told you all
I know, Chief. I did.

Basti?o gave me only 500,000 r?is.
He'd give me more. I didn't take it.

I wanna drop dead right here
if I'm lying.

Basti?o had three and a half million.
He only left me 500,000...

to pay for the chickens he bought.

You're very funny. See?
Life's expensive.

500,000 to pay for
the chickens he bought?

- Tell that to someone else!
- The Chief isn't kidding! Talk!

It's like I said, Chief, I swear.

He should give me only 39,OOO r?is.
I was short on change.

I told him he could pay me later,
but he insisted.

I gave the rest of the money back
to his wife when I went to Araguari.

I returned all of it to her:
461,OOO r?is.

I didn't keep any of it. I didn't
even want to keep those 500,000.

I didn't want to get in trouble,
Lieutenant. I don't know anything.

Okay.
Okay, Sinhozinho.

But what about the loot Sebasti?o
left with you? Where is it?

- What loot, Chief?
- Come on. Those 90 million.

How can you believe such a thing?
Basti?o didn't leave that with me.

- He gave me 500,000 for the chickens.
- Come on, don't start again!

Don't you know we came for
Sebasti?o's money, funny guy?

- Chief, I'm an honest man.
- All the more reason to tell me.

Joaquim confessed the money's here!
Where did you hide it?!

I didn't hide any money.
Basti?o gave me only 500,000 r?is.

He wanted to give me more, I didn't
take it. I wanna drop dead...

Shut up, you son of a bitch!

Throw water on him.

Talk, or there'll be more.

Don't hit me, Chief. I'm a good man.
I'm telling you the truth, I swear!

Then answer me. How come Joaquim
said Basti?o gave you the money?

He's lying. Basti?o couldn't
bring me that much money.

- Basti?o ain't got that kinda money.
- What if he stole it?

What if he stole it?!

Okay, that's what I wanted to know.
You'll say that at the station.

Corporal, escort the witness.

JANUARY 13, 1938

The townshiptemporarily
lacking a judge...

Alamy gets an habeas corpus forthe
Naves brothers from a nearby court.

They must be released.

The lieutenant already told
that to Uberl?ndia's judge.

It's a lie and you know it.

The Naves brothers only got out
of jail to be tortured out of town.

This is what I have, Mr. Alamy.

He said he let them out once and
he won't risk enraging the people...

releasing them without
a proper solution to the case.

Justice has nothing to do with
opinions, only with facts and law!

And the law is being disrespected,
Your Honor! It's another violence!

This, the release order,
has to be obeyed!

As surrogate judge for this area,
you have to enforce the law!

With a simple piece of paper, you
want to throw me against everyone.

Look, Mr. Alamy,
if Joaquim hadn't confessed...

if nothing had happened, you think
the lieutenant'd pressure them so?

So, instead of
upholding the law...

you'd rather tolerate violence!

I don't tolerate anything, and I
won't admit attacks to my dignity.

I didn't mean to offend you...

I only wish that you, as an authority,
would fulfill your duties.

I'm a slave to the law, Mr. Alamy.
I'd never act against it.

You guys ever seen horns
on a horse's head?

- No need to bring them food here.
- They're outta jail already.

Maybe they even got home by now.

The money isn't found.

Benedito's father,
afterJoaquim's confession...

starts believing the Naves
really murdered his son.

He then constitutes a lawyer
to represent him.

Counselor, I'm only passing through.
I'm a Justice of the Peace.

I'm an accountant by trade.
I won't be the one to try this crime.

What the Naves brothers'
lawyer said was right.

The habeas corpus
had to be enforced.

Your Honor, in fact, the brothers
should've been released already.

However, everything leads to believe
Benedito was the victim of a crime.

There's clear evidence. Benedito
wouldn't disappear with the money.

Besides, Joaquim Naves
himself already confessed.

His confession is detailed
and convincing.

Yes, that's what everyone says.

The DA thinks so too. The whole town
demands punishment for the crime.

If the chief releases them, they
could escape due process of law...

or make it harder to find the money.
That'd be even worse.

Yes. That's true.

You think that besides
the charges against them...

we should put the accused
under custody pending trial?

No doubt about it. That's the legal
remedy. It's perfectly feasible.

Pressing charges and
custody until the trial.

The money! What did you do
with the rest of the money?

Your sister-in-law gave two million
to the lawyer. Where's the rest?

Nhozinho doesn't have it.
It wasn't in the hole.

No, it wasn't.

Then where'd you put it when you got
afraid? You give it to that lawyer?

To your mother? Come on, talk!

Yes.

She has it, then.

Your wife, Ant?nia Rita. Did she see
you giving your mother the money?

Yes.

- Drop the baby! Drop the baby!
- My God! Stop! No!

- Drop it, soldier! Drop it!
- Stop, for God's sake! My son!

- Stop that! Stop!
- Drop the baby! Drop it!

- Drop it! Drop it!
- For God's sake!

- Then talk!
- Stop! Stop!

- Talk!
- For God's sake, don't kill my son.

Then talk! Drop the baby!
Come on, drop it! Drop it!

- Drop it! Drop it on the knife!
- No! Stop, Lieutenant!

Drop it here on the knife!
Drop it, soldier! Drop it!

Come on, drop it, drop it!
Come on, talk already!

Talk! Talk! Talk!

I'll talk! I'll tell you
anything you want!

I'll tell you anything you want,
but don't kill my son, I beg you!

I'll talk. I'll talk. I'll talk.

No, Lieutenant,
my husband didn't kill anyone!

He didn't leave home,
he was sleeping by my side!

Sleeping, my foot! He left with Joaquim
and killed Benedito!

- He stole his money!
- That's not true, it wasn't him!

Don't lie, slut! Joaquim confessed,
your sister-in-law too!

You'll talk one way or another.

Turquinho! Pret?o!
Take care of her.

- I know what she wants! Begin.
- For God's sake!

- I'm waiting!
- For God's sake!

For the love of the Virgin Mary,
don't do that, Lieutenant!

- No, I'll tell you whatever you want!
- Stop!

- I'll talk!
- Enough!

I'll talk! I'll talk!

I'll tell you anything you want!

Don't be upset, Odete.
I don't carry a gun for nothing.

The lieutenant knows no bounds.

Even in front of the mayor,
with that grin of his...

he implied again I knew
where the money was.

You're doing your job.
He wouldn't dare.

- Everything has a limit.
- That's what everyone thinks.

With him, you never know.
The lieutenant doesn't respect anyone.

Does the witness swear
on your honor...

that you'll answer
truthfully to our questions?

- I do.
- Sit down.

Do you confirm that the confession of
the defendant, Joaquim Naves Rosa...

to the police authority in your
presence was spontaneous?

- Yes.
- Did the witness see...

any coercion to make the
defendant reenact his crime?

No, sir. I didn't witness
any violence.

Joaquim showed in details
how he committed the crime.

Was the witness also present
at the police diligence...

where the defendant showed
where he hid the money?

Yes. Joaquim showed two trees
which acted as landmarks...

and the bush where
the money was hidden.

- And why didn't you find the money?
- It was already late, getting dark.

That's all.

The defense may now
question the witness.

The witness said the defendant's
confession was spontaneous.

Can you confirm that there was
no coercion in your presence...

or no coercion at all?

- No, there wasn't any.
- But when? Not even before?

In my presence,
there was no coercion.

The witness said he was present
when the money wasn't found.

Before it got dark...

did the defendant show the witnesses
the money's hiding place?

He looked in several places,
but he couldn't remember.

Joaquim confessed
he dug a hole with his hands.

Did the witness see something
that could be such a hiding place?

Speak! Did you see a hole dug by hand
where the money could be hidden?!

Did you or didn't you?!

No. We only saw armadillo
holes and anthills.

Your Honor, let the record show the
witness is making his statement...

...in the chief of police's presence!
- Objection! The defense insults us!

Dr. Alamy implies we are pressuring
the witness! That's absurd!

You can't allow such an offense
to the legal system!

Aren't the loaded questions
presented to this witness enough?!

He's pushing it, DA. I can't answer
for the safety of that lawyer.

No need to get excited, Lieutenant.
I'll talk to him. Stay calm.

...if not to pressure the witness?
- He should watch his back.

You took the police to several
functions in your car, right?

- Right.
- What purpose did they have?

You don't know or you'd rather
not say what their purpose was?

Your Honor, the council
is bludgeoning the witness!

I won't tolerate your
insults, Counselor.

I have the right to clarify whether
the witness can't or won't answer!

You're jumping to preposterous
conclusions, Mr. Alamy!

I didn't ask you for a lesson.
I know how to question a witness.

You don't want to tell us what
was the purpose of these trips...

with the lieutenant, the Naves
brothers and the soldiers?

I was called to witness
Joaquim's confession.

After that, we went to see
how he killed Benedito.

What about the other times you
went to the country with them?

- Didn't you see anything?
- No, I didn't.

You mean you think there wasn't any
reason to take the Naves for a walk?

I don't know.

Didn't you notice anything
during these walks?

Didn't you see the Naves getting
beaten? Didn't you witness torture?!

No, sir, I didn't.

I've never seen such
imprudence and cowardice!

You're out of line, Counselor! Better
not try the lieutenant's patience!

I do.

First, I'd like to say a few things,
Your Honor.

I'm more than 50 years old,
but in my whole life...

I've never known such
humiliation and suffering.

Please! Witnesses should limit
themselves to the facts at hand!

But what I'm telling you
is about this case.

I'm a good man.
I've always respected everyone.

I've never dealt
with the police before.

Mr. Oliveira, stick to your previous
statement and don't tell tall tales!

But, sir, I need to make this clear.
I'm not here to accuse anyone...

but I didn't do anything wrong either,
to be beaten up like that.

Okay, enough. The accusation
will now question the witness.

Did your brother-in-law, Sebasti?o,
show up at your house...

asking you to keep three and a half
million r?is in seven banknotes?

That's right, sir,
but I didn't take it.

If you think Sebasti?o had
just cause to keep that money...

why didn't you take it?

Because I didn't want
any trouble coming my way.

You mean you didn't take it because
you didn't like Sebasti?o's attitude.

Objection! The defense is drawing
on conjecture, Your Honor!

Overruled, Mr. Alamy.
The question was clear.

- The witness may answer.
- Basti?o told me he was innocent.

- Did he usually send you money?
- No.

So the fact that he asked you
to keep some money...

...was out of the ordinary.
- Yes. I mean, he never asked before.

Can you say with certainty that
those three million and a half...

weren't part of a larger amount
he kept secret to avoid suspicion?

No, I don't know.

You mean that the money
could be part of a larger amount.

- Yes, it could.
- Therefore, Sebasti?o's money...

could be taken from
Benedito's 90 million...

since it was part of a larger amount,
isn't that so?

- Yes, it could.
- All right. That'll be all.

You can't allow such absurd questions
to be posed, Your Honor.

The defense may question the witness.

How were you subpoenaed
to make a statement to the police?

Well, the lieutenant showed up
at my farm with his soldiers...

and mistreated me. I didn't have any
money, but he wouldn't believe me.

He cuffed my ears so hard,
I'm still half deaf.

I don't know about the 90 million.

Did you find it strange for Sebasti?o
to carry 3 and a half million r?is?

No, sir. Basti?o used to carry even
more money than that to do business.

I'd like you to be
really clear about that.

Did you refuse the money because
you thought it was Benedito's?

No, sir. I just didn't
wanna get into trouble.

Did you suspect for any reason
that Sebasti?o had robbed Benedito?

No, sir. No way.

I... was lying in bed...

when I saw Quinca inviting him
to go to Uberl?ndia.

It was past two in the morning.

Afterwards...

Quinca came back without Benedito.

Then Basti?o showed up...

and Quinca told me they were
gonna look for Benedito.

I didn't understand any of it.

It was...

it was my husband who found
the money and gave it to his mother.

It was rolled up in
a red and white cloth.

I don't know where she put it. She
asked me not to tell about Benedito.

That'd get Quinca in trouble.

That's why I lied. Then...

then I told the lieutenant the truth!
My mother-in-law's no good!

She kept the money!
She told me to lie about it!

Your Honor, let the record show...

that the witness is being questioned
in the presence of the lieutenant!

Ant?nia Rita...

the day you told the chief
of police about these things...

did you go only
to the police station?

- No. I went to the jail, too.
- And why did you go there?

What happened before you told
all that to the chief of police?

My husband gave the money to his
mother. In a cloth with red stripes.

My mother-in-law's no good!
She's got the money!

Quinca gave her the money,
she hid it! She's got it!

She asked me to lie about it!
She's no good!

About the defense's objection...

the judge said, for the record,
that during most of the statement...

of the witness
Ant?nia Rita de Jesus...

the lieutenant was absent
from the court room...

and during his presence, he didn't
intervene whatsoever on the witness.

Are you sure your husband
didn't leave home...

on Sunday night,
December the 28th?

My husband didn't leave home.
He slept through the night.

You'd been giving your son
medication at night for several days.

How can you tell he didn't
leave home exactly on that night?

I remember. That was the night
Benedito went missing.

But Joaquim confessed that he left
that night with your husband...

and Benedito.
How can you deny that?

I don't know what Joaquim said.
My husband didn't leave home.

I'm sure. I woke up several
times and I saw him there.

I can't say Joaquim was home.

I don't know what goes on
inside other homes.

Don't you know that
Joaquim confessed...

that the money they robbed...

...was given to your mother-in-law?
- That's what I heard...

but my husband had only
three and a half million r?is.

And why did your husband have that
much money when he saw Nhozinho?

He had that money before.
It was his.

We told Benedito to draw his money
from the bank only when he got back.

He even said he was thinking
about not coming back.

Did Benedito told you that,
or you just heard about that?

I heard about that. Once he said to
Basti?o he wanted to see the world.

And how did you know that?

Because...
I was there when he said it.

Your Honor, let the record show the
witness hesitated in some answers.

Sustained.

- Salvina, why did you go to jail?
- The lieutenant arrested me.

But why did he do that?

He wanted me to say my husband
didn't sleep at home.

- And you told him that?
- No, sir. I couldn't lie.

Then he kept me and my
children in jail for two days.

Then he called two soldiers.
They wanted to take my clothes off.

I didn't want to, but I had to lie.

And everything
you're saying now is true?

Yes, sir. I'm telling
the truth now.

Sebasti?o's resistence wears out.
He confesses too.

The lieutenant gets what he wants
from the brothers,but not the money.

Subverting properorder in trial...

the defendants are questioned
afterthe witnesses.

The brothers' lawyer isn't
informed about that hearing.

The defendant, Sebasti?o Jos? Naves,
unfettered and without coercion...

was asked by the judge
the following questions:

Does the defendant have anything
to say in his own defense?

No. No.

Does the defendant have anything
to say in his own defense?

My brother wanted to do it.
He wanted to kill Benedito.

I helped kill him
because he insisted.

We buried the money in the woods.

My brother told me to bring it back.
I counted it with him in the kitchen.

I kept the money.
I gave it to my mother.

She said I shouldn't worry,
that she'd keep it safe.

I didn't see the money again.
I didn't see it again. I didn't.

Quinca's crazy, Basti?o is crazy!
Ant?nia Rita is crazy!

No one gave me money! They're either
crazy or beaten silly, that's it!

I suffered too. Basti?o too.

He told me he'd be squeezed worse
if he said he killed Benedito...

cause he wouldn't be able to produce
the money. They didn't kill anyone!

They didn't rob anyone! They were
beaten, that's all! They suffered!

I won't sign it. I won't!
I won't sign anything!

Everything that's written
there is a lie! I'm innocent!

The chief usually isn't here
this time of the day.

Maybe he's at the police station.
Why don't you look for him there?

That's what I'll do.

- You go there.
- All right.

MARCH 17, 1938
The new judge is finally nominated.

Alamy tries to enforce
a second habeas corpus...

in favorof the Naves brothers.

I don't want to overextend myself,
noble lawyers...

and zealous members
of Araguari's court.

As Rui Barbosa once said in his
memorable Prayer To The Youth...

"of no avail are laws if no one
protects them against abuse...

and the essential
protection, above all...

comes from a justice as elevated
in its power as in its mission".

Ever since my fond and
bygone times at Law school...

I've always followed
those principles.

All over Brazil, in the most
distant of the wild sert?es...

I've never left an evildoer
go unpunished...

and I didn't hesitate in
coming down with an iron hand...

when it was necessary to impose
harshly the respect for the law.

Invested in the high honor
of ruling over this area...

I can assure you
I shall remain faithful...

to this unwavering conduct.

Your Honor, I congratulate you...

and I take the opportunity to ask for
the enforcement of a habeas corpus...

which was granted before your
arrival by the judge of Uberl?ndia.

It is a serious case.

This is the second
habeas corpus I obtain...

but the favored parties
are still incarcerated.

If I may.

Perfect. Make it so.

- Bailiff, enforce this release order.
- Right away, Your Honor.

I also want to point out that,
as soon as possible...

I shall eliminate the accumulated
caseload in this court.

Very well.

- See you tomorrow.
- Goodbye.

The chief of police
won't release them.

He says he's still going through
work ordered by the other judge.

Your Honor, that's another
of the chief's lies.

- He'll do to you what he did before.
- What do you mean?

It's violence as usual!

The defendants are down there,
tied and gagged like animals!

- Don't worry, I'll check into it.
- No one here dares to defy him.

You need to go there yourself,
or it won't do. It'll all be lost.

You need to act now. Now!

Counselor, the law has its
mechanisms. I know how to act.

Your Honor, forgive me, but the
situation calls for drastic measures.

- What do you mean by that?
- You gotta go to the jail yourself...

...and check how those men are!
- That'd be reckless and dangerous.

- It's the only way with this chief.
- It'd be unwise.

I've just been nominated.
No one knows me here.

- I could be disrespected.
- No one here ever offended a judge.

Not even the lieutenant would dare.

I'll go with you and
you won't be disrespected.

I guarantee it.

Young man,
I appreciate your noble gesture...

but I can't accept it. You're young,
you've got a career ahead of you.

You can't compromise it with
such an impulsive gesture.

No. Absolutely not.

The legal instruments
shall face the violence.

The crime in this trial
is one of those...

which demand acute intelligence
on the part of the judge...

for in criminal law, where honor
and freedom are at stake...

the judge should worry about the
frightening prospect of an error.

Due to happenstance,it wasn't
possible to obtain material evidence.

But it was necessary to find
the body, the money...

orother possible proof.
Nothing happened.

Truth be said, there's no sign
of the huge sum's whereabouts.

You didn't find the money.
I came here to solve this case.

Colonel, I did what I could.
I've fulfilled my duty. I wasn't lax.

The chief was careful enough to
segregate the accused to beat them.

It's the most abject terror. Before it,
even an innocent accuses himself.

The defense informs
that those confessions...

are due to abuse and inhumanity.

The defendant Joaquim Naves Rosa
confessed before fairwitnesses.

Leafing through the pages of
the case file with utmost care...

I couldn't see,however,proof
of such extortion of statements.

We can't call confession a statement
obtained by force and undercoercion.

However, the police obtained from
the defendants and theirwives...

confessions so fluent and detailed
that can't be deemed as false.

The information Ant?nia Rita
gave is impressive...

because it unveils an intimate
talk between husband and wife.

It reveals the heinous crime
in its smallest details.

There is contradiction in such
an excess of concocted details.

And let it not be said these
statements were forced by the law.

The value of a confession comes from
its spontaneity, teaches Costa Manso.

The confession of a defendant
to the police is half the proof...

Edgar Costa warns us...

even confession obtained
by means of torture...

as long as it coincides with the
othercircumstances of a crime.

The police director wants to solve
this crime once and for all.

Doubtlessly.
Tell me what I should do.

I'll take care of it.
I'll make Sebasti?o talk.

Colonel, the defendants are
under the court's custody.

I'll see to it.

If on the one hand the defense
presents monstrosities...

on the other hand,justice raises
its voice,impartial and human...

and therefore subject
to fatal contingencies.

I accept the charges to pronounce,
as I pronounce now...

the defendants Joaquim Naves Rosa
and Sebasti?o Jos? Naves.

This case is loaded with such
a broad,unreasonable passion...

that it involves the enforcers
of justice themselves.

No. No. No.

Nothing is added to
the Naves brothers' case.

APRIL 14, 1938
All the attempts fail.

No sign of the money.

JUNE 27, 1938

The judge's sentence is accepted
by the State's criminal chamber.

Thus begins the first trial
of the Naves brothers...

by the popular jury
of the town of Araguari.

Does the defendant have
anything to say in his defense?

Everything I said, I said out
of fear and torture, Your Honor.

I was beaten half to death
to tell the lies of this trial.

They gave me laxative,
they tied me up...

they beat me so badly
I couldn't stand it anymore!

My body was reduced to a bloody pulp.
Even my mother was beaten.

They stripped her naked,
Your Honor!

I took it all for 38 days...

until I finally lied.
Anyone would lie after all that.

I swear to God,
on my children's lives...

I am innocent!

Does the defendant have
anything to say in his defense?

I didn't kill him.
I didn't do anything.

I'm innocent. I confessed
because of the beatings...

the menaces. I confessed
because of the chief of police.

I said all that to stop suffering.
The chief of police forced me.

He even told me
he'd killed my brother.

He's gonna beat me more. For God's
sake, don't send me back to him.

He's gonna beat me again, I know it!
He's gonna beat me again!

Don't send me back to him,
Your Honor, for God's sake!

Members of the jury...

even if the hypothesis of theft
and murder was to be accepted...

it would be necessary
to apprehend the money...

to find the body or
any other evidence...

a clue, a possible sign.

Nothing.

Absolutely nothing...

other than the defendants'
confession, who now...

in front of the judge...

in front of the sentence council,
recant such confession as false...

as everyone has heard
loudly and clearly.

However, let us suppose
they had not recanted.

Where's the proof of the theft
or subtraction of the money?

Where is the money?
Where is the victim's death?

Those elements, whose absence...

the judge has neglected in
his wise preliminary sentence...

where are those elements,
members of the jury?

We could go even further...

and say that, besides the confession,
there are several conjectures.

However, as Whitaker states...

conjecture is a reasoning which
links a fact to an individual...

and these proceedings do not contain
a single fact, a single clue...

much less a conjecture!

The police exists...

to protect society.

The police organization
is an organ of State.

It is paid...

with money from all of us.

It is the guardian of law and order.

The State is empowered to serve us.

Serving the State,
the police must serve us.

This is its function.

But this police here present...

this police has intimidated,
beaten...

massacrated the two men now
sitting on the defendants' bench!

It violated witnesses,
intimidated the townspeople...

threatened us when we were
fulfilling our duties.

This police, which isn't police,
but another thing...

now wants us to cower in fear!
It thinks it's the law, dear jurors!

But it isn't the law!
It is violence!

It thinks it's helping justice,
but it's going against justice!

Its presence disrespects
the honorable judge...

and defies you, the jurors!

However, in spite of
that aggravation...

we need to steel
ourselves and judge.

What can you see,
members of the jury?

What's this that happens
in front of you...

if not the repetition of everything
that's been done in this whole case?

The evidence is in these
proceedings I hold in my hands!

This police has been present
from the beginning...

the same obvious and shameful way...

it now intends to disrupt
this trial's impartiality!

But it's wrong. The defense
is here to fulfill its duty...

come what may! The defense
won't accept such intimidation.

The defense hopes...

that the members of the jury...

honorable men, zealous of
their prerogatives of freedom...

can also refuse,
can also reject...

the falsehood of violence!

- I'm gonna shut him up with lead.
- If you shoot, we'll shoot back.

We're here to defend Mr. Alamy.

If there wasn't any other proof...

if the violence wasn't already
known by the whole town...

the jury might now,
with their own eyes...

witness this event, never
before seen in law history.

Once again, in the house
of justice itself...

someone tries to prevent
the defense of the innocent.

But after that, in face of
what's already been shown...

after what you had witnessed...

what solution imposes itself
to a free man's conscience?

What conclusion, for someone who
hasn't seen evidence of a crime...

of a murder? Where's the body?
Where's the money?

The jury can't make the same mistake
the judge made in his sentence.

You have to repel
this offense to law!

Thus, if you don't want to accept the
farce of a crime without a body...

of a theft with no money...

if you don't want to accept
the falsehood of violence...

if you don't want
to do great injustice...

I beg you...

acquit the defendants.

The lieutenant didn't come back.

He knows we're here to defend Alamy.

To the fifth question formulated
by me, the answer is no...

having found in the box six negative
ballots and one positive.

I shall not formulate
the remaining questions...

because they have been invalidated
by the answers to the previous ones.

The jury shall now
manifest themselves...

about the second series of questions
referring to Joaquim Naves Rosa.

First question: did the defendant
Joaquim Naves Rosa...

on November 29, 1937...

around three in the morning,
by the Velhas River...

near Pau Furado Bridge,
in this vicinity...

apply to the neck of
Benedito Pereira Caetano...

a length of rope,
strangling him?

In conformity with the sentence
council's decisions...

taken by an absolute
majority vote...

judging improper the accusation
raised by public justice...

against the defendants Sebasti?o Jos?
Naves and Joaquim Naves Rosa...

I acquit them, and order that,
the decision having been tried...

their names be stricken from
the guilty parties' list...

and that both be released.

According to legal regulations...

the brothers have to wait in jail
forthe accusation's appeal.

I don't see why you should feel bad
after such a brilliant victory.

- I'm worried about the appeal.
- The appeal is just a formality.

The Naves shall soon be free.

The evidence and conjectures
forced me to accuse them...

but the jury has doubtlessly
ruled with great wisdom.

But not unanimously.

In that case, as you know,
with the new legislation...

the jury loses its authority.

There are no elements to controvert
the jury's decision, Mr. Alamy.

Your preliminary sentence could
influence the outcome, Your Honor.

I don't think so.
The case is closed.

The State Court of Appeal accepts
the accusation's arguments...

and invalidates the first trial.

MARCH 21, 1939
Once again, the Naves are tried...

and acquitted by the jury,but,once
more, without an unanimous vote.

The District Attorney appeals
again the jury's decision.

JULY 4, 1939
The brothers are tried a third time.

They are sentenced to 25 and
a half years of imprisonment...

by the judges of
the State Court...

who,in theirconclusions
about the trial,state:

"The preliminary sentence
analyzed carefully the evidence.

Fullerevidence of a robbery and
murdercould hardly be construed."

A new revision of the case
shortened the sentence...

and aftereight years in jail, the
brothers were released on parole.

Three years later,suffering
from chronic disease...

Joaquim dies in an
asylum in Araguari.

Sebasti?o finds Benedito
Pereira Caetano...

hiding in his father's farm...

where he came back
after 15years of absence.

Benedito is arrested by the police,
but can't be accused of anything.

He had nothing to do with the case.

TORTURED FOR THE CRIME
THAT NEVER WAS

GALLOWS AND
CRUCIFIXION IN JAIL

VICTIMS OF JUDICIAL ERROR

INNOCENT!

A WHOLE FAMILY IN JAIL FOR A
CRIME IMAGINED BY THE POLICE

"GOD'S HAND
IS SLOW BUT SURE"

THE LAW VS. NAVES BROTHERS:
A PLUNGE IN THE DARK AGES

HUNG ALIVE ON A CROSS FOR
A CRIME HE DIDN'T COMMIT

THE LAW VS. NAVES BROTHERS:
CONFESSIONS AT ANY COST

JUSTICE DECEIVES MEN

"IT WAS ABOUT TIME
TO SET FREE...

THE TWO GREATEST MARTYRS
OF MODERN TIMES"

AN INNOCENT MAN
ON TELEVISION

23 MILLION CRUZEIROS:

THE PRICE OF THE MISTRIAL
THAT SHOCKED BRAZIL

THE STATE WILL PAY 14 MILLION
TO THE WRONGLY SENTENCED

"I WOULDN'T GO BACK TO JAIL
FOR ANOTHER 14 MILLION"

11 MILLION: THE STATE WILL
PAY FOR THE GREAT INJUSTICE

IN SEBASTI?O'S CASE,
THE LAW CHARGED TOO MUCH...

AND PAID TOO LITTLE

THE LAW MAKES PEACE
WITH THE NAVES

Sebasti?o dies in 1963...

three years after getting,
with Alamy as his lawyer...

through harsh legal battles...

monetary compensation
forwhat was then called...

the tremendous miscarriage
of justice of Araguari.