The military and civilian murder trials of Edilson Germano de Oliveira (1997-1998) [BRA37094.E]

No reference to a Edilson Germano de Oliveira could be found among the sources consulted by the Research Directorate, however, one reference to the murder of Edílson de Oliveira was found in a 6 April 2001 article in the Brazilian-based legal magazine called Consultor Jurídico.

The report states that Edílson de Oliveria was killed on 5 October 1995 by two individuals during a bank robbery while he was withdrawing funds from an automatic bank machine belonging to the Santo André branch of the O Banco Bradesco in Sao Paulo, located at 1556 Oratório Street. De Oliveira died of an acute traumatic haemorrhage caused by the firearm wound. His parents, José Augusto de Oliveira and Joana D'Arc de Oliveira sued the bank for compensation and won their case in February 2001 when Ana Cristina Ramos, a civil court judge of law in Santo André, Sao Paulo, ruled that the bank would need to pay R$853,632 (CDN$571,933) to the family for moral and material damages. Ramos had rejected the arguments put forth by the bank that it was not responsible for the security of citizens and that there was an absence of causal nexus (nexo casual) in the incident. She stated that the decision to compensate the family was based on Brazilian jurisprudence that established [translation] "a special regime of civil responsibility on the part of the banks." The victim's parents had accused the bank of negligence for not providing security in the area where the automatic bank machine was located.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Reference


Consultor Jurídico. 6 April 2001. "Decisão contra o Bradesco." http://cf6.uol.com.br/consultor/view.cfm?numero=4976&ad=c [Accessed 26 June 2001]

Additional Sources Consulted


IRB Databases

LEXIS/NEXIS

World News Connection (WNC)

Internet sites including:

Amnesty International

Diário do Grande ABC [Sao Paulo]. Search Engine. 1999-2001

Folha [Rio de Janeiro]. Search Engine. 2000-2001

O Estado de Sao Paulo. Search Engine. 2000-2001

O Globo [Rio de Janeiro]. Search Engine. 2000-2001

Human Rights Watch

Jornal da Tarde [Sao Paulo]. Search Engine. 2000-2001

A Tribuna [Sao Paulo]. Search Engine. 1999-2001

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