Forensic archaeology and anthropology in Brazil

Guimarães, M.A., Francisco, R.A., de Abreu e Souza, R. and Evison, M.P. (2015) Forensic archaeology and

anthropology in Brazil. In Groen, M., Márquez-Grant, N. and Janaway, R. (eds.), Forensic archaeology: current trends

and future prospects. New York: Wiley. ISBN 978-1-118-74598-4

This text is the Accepted Manuscript. The final volume can be found here.

Guimarães, M.A., Francisco, R.A., de Abreu e Souza, R. and Evison, M.P. (2015) Forensic archaeology and anthropology in Brazil. In Groen, M., Márquez-Grant, N. and Janaway, R. (eds.), Forensic archaeology: current trends and future prospects. New York: Wiley. ISBN 978-1-118-74598-4

http://eu.wiley.com/WileyCDA/WileyTitle/productCd-1118745981.html

Forensic Archaeology and

Anthropology in Brazil

Marco Aurelio Guimarães

MD PhD

Medico Legal Centre (CEMEL), Department of Pathology and Legal Medicine, Faculty of

Medicine of Ribeirão Preto – University of São Paulo, Brazil. [email protected]

Raffaela Arrabaça Francisco

MSc

Medico Legal Centre (CEMEL), Department of Pathology and Legal Medicine, Faculty of

Medicine of Ribeirão Preto – University of São Paulo, Brazil. [email protected]

Rafael de Abreu e Souza

MSc

Laboratory of Public Archaeology (LAP), Centre of Environmental Studies and Research

(NEPAM) - University of Campinas, Brazil. [email protected]

Martin Paul Evison

BSc MSc PhD

Northumbria University Centre for Forensic Science, Northumbria University, Newcastle

Upon Tyne, England. [email protected]

Mas ainda existem certos homens incertos

Que quando erram se dizem inocentes, dizendo

A minha geração

Não encontrou a esperada saída Talvez a de vocês com sorte

A encontre ainda

Jorge Ben (1979)

But still exist certain uncertain men

Who wrongly claim innocence, saying

My generation

Did not find the awaited path Maybe yours with luck

Can find it yet

Jorge Ben (1979)


mailto:[email protected]




INTRODUCTION

It is usual when reviewing a particular subject in a particular locality to begin with a definition and

summary of practice. Consideration of forensic archaeology in Brazil, however, requires some

understanding of Brazilian history in relation to this important – but neglected – area of knowledge,

and how it is located in the context of contemporary Brazilian society. Importantly, forensic

archaeology in Brazil has been closely intertwined with the development of forensic anthropology,

although contributions from more traditional archaeological thought and practice have become a

more recent feature.

This chapter therefore begins with a brief overview of Brazil’s somewhat hectic past and some key

developments in legislation that have led to the rather incongruous state of forensic archaeology in a

country whose economy is ranked the world’s sixth largest and which has been chosen to host

major sporting events such as the FIFA World Cup in 2014 and the Olympic Games in 2016.

Discussion of the contemporary situation in forensic archaeology in Brazil then follows, with

reference to illustrative examples.

Brief Historical Background

The significance of recent history to forensic science and medicine in Brazil has been considered by

Guimarães (2003) and Soares and Guimarães (2008). Brazil began as a Portuguese colony in AD

1500. Europeans initially subjugated indigenous peoples and subsequently imported slaves from

Africa. Coexistence led to intense admixture between these populations. After independence in

1822, Brazil became an imperial monarchy that had only two emperors – Dom Pedro I and II. In

1888, Brazil was the last country in the world to abolish slavery, and in 1889 it became a republic.

In the 20th

century, from 1930-1945, the country had its first period of dictatorship under the control

of Getúlio Vargas. A new wave of migration followed, composed mainly of World War II refugees

from Japan, Italy, Germany, and Eastern Europe, but with others from the Middle East, leading to a


further period of considerable admixture and intermarriage. In 1964, another dictatorship was

established. Leftist political parties were banned and civil rights limited. This dictatorship lasted

until 1985 – making advanced democracy a recent acquisition for Brazil.

The criminal law is defined robustly in the Brazilian Penal Code (Brasil 1940) and Brazilian Penal

Process Code (Brasil 1941), both of which were established during the Vargas dictatorship and

which have received only minor modification since. These codes specify that all forensic

investigations are the responsibility of the Civil Police (Polícia Civil). Although this arrangement is

not entirely without merit, the resulting degree of governmental control made investigations

vulnerable to political manipulation, both during the Vargas years and again during the military

dictatorship of 1964-1985. As a consequence of this legislation, research and teaching in all

branches of the forensic sciences were badly affected. Forensic cases were kept away from the

Universities, which were considered centres of political subversion. Very poor conditions of work

in forensic medicine became the rule, as did the lack of up-to-date technology for criminal

investigation. In many important respects, human identification was one of the worst-affected areas.

Keeping victims unidentified meant that government institutions could avoid being the target of

criticism or investigation. Political crimes could be hidden and members of the political opposition

– mainly from left-wing political parties – could be ‘disappeared’ (Guimarães 2003, 215).

Within the vast 8,515,767 km2 of the Brazilian interior (IBGE 2010), however, it was not an easy

task for the military government to keep all opposition groups under control. Armed resistance

spread to the countryside, and both urban and rural guerrilla networks developed. While

confrontations resulted in deaths sustained by both sides, it was the military government that was

accused of continuous human rights violations – through exile, torture, execution and the

‘disappearance’ of political prisoners.

Eventually, gradual liberalisation led to the Amnesty Law (Brasil 1979), enabling the exoneration

of some Brazilian citizens who had been convicted of political crimes between 1961 and 1979.

While the military dictatorship finally ended in 1985 with the indirect election of a civilian


president, it was the establishment of the New Constitution (Brasil 1988) that was ultimately the

most significant step in the process of re-democratization and restoration of civil and human rights.

The Amnesty Law (Brasil 2002) was also amended, enabling exoneration of those convicted of

political crimes committed between 1946 and 1988.

Restorative actions on behalf of victims also formed part of the re-democratization process. The

Special Commission for the Political Dead and Disappeared (Comissão Especial de Mortos e

Desaparecidos Políticos (CEMDP)), was the first formal government initiative in the investigation

of the political crimes of the dictatorship (Brasil 1995). This was followed by the establishment of

the office of the National Secretary for Human Rights (Secretaria Nacional dos Direitos Humanos

(SNDH)) (Brasil 1997) – both within the Ministry of Justice. The SNDH was later elevated to

Ministry status (Brasil 2003) and the CEMDP was incorporated within its structure (Brasil 2004). In

2010, the SNDH was further elevated to become part of the President’s Office and its name

amended to the Secretary of Human Rights of the President of the Republic (Secretaria de Direitos

Humanos da Presidência da República (SDH/PR)) (Brasil 2010). The main contemporary national

initiatives in the use of forensic archaeology and anthropology in the investigation of alleged human

rights violations in Brazil are linked to SDH/PR-CEMDP.

In 2011 the President, Dilma Rousseff, herself a former political prisoner of the military

government, signed into law the establishment of the National Commission of Truth (Commisão

Nacional da Verdade) (Brasil 2011a), mandated to investigate human rights violations occurring

between 1946 and 1988. Under the auspices of this Commission, independent investigations are to

be undertaken which are intended to bring to light the widest possible range of findings relating to

human rights violations in the country. The Commission’s work is to be completed by 2014.

ACADEMIC, PROFESSIONAL AND LEGAL ASPECTS

Archaeology


According to Zarankin and Funari (2008, 310), archaeology in the Americas has traditionally

focused on the study of prehistoric societies and their lifestyles, dietary habits, and economic

activities. In the public imagination, however, there is a gap between the exotic and distant past that

archaeologists analyse and the present world. Frequently, it was the Indiana Jones representation of

the archaeologist that was used to fill this gap.

This situation began to change when, some years ago, archaeologists began to question the nature of

the knowledge they produced, and its wider social consequences. Archaeology became a political

tool for opening new lines of inquiry regarding marginal groups in history – slaves, women,

children, gays, lesbians, workers, aboriginals, prisoners, the elderly and afro-descendants – whose

importance is now more widely accepted. It was believed that this critical discussion of past

domination, exploitation, and resistance would lead archaeologists to political action in the present.

It was thought that the democratic potential of archaeology could be co-opted in order to create

alternative histories for invisible, minority, and oppressed groups (Zarankin and Funari 2008, 310).

In this context, it is not surprising that academic archaeology only began to expand in the last years

of the military government, when steps toward democracy had already occurred.

Perhaps the most significant development in academic archaeology in Brazil occurred in 1980 with

the creation of the Society for Brazilian Archaeology (Sociedade de Arqueologia Brasileira (SAB)),

which had its first scientific meeting in 1981 at the Universidade Estácio de Sá in Rio de Janeiro.

This University offered a unique undergraduate degree in archaeology at that time – although

archaeology courses were sometimes delivered elsewhere from various Departments of

Anthropology, Geography and History. Although this particular archaeology degree did not survive

past the beginning of the last decade (SAB 2013) there are today 11 undergraduate courses at public

institutions in Brazil – the first of which was established in 2004. Six of these are at specialisation

level and, additionally, there are 14 Masters and six PhD programs (Costa 2013).

Given the historic absence of dedicated undergraduate degree courses in archaeology, many

professionals who work in the field have a degree in a related area such as social science, history,


geography, biology or geology. The SAB accepts affiliation of members who do not have a degree

in archaeology, but in an alternative specialisation, Masters or PhD degree and, occasionally, those

with formal experience working in the area for at least five years. Most work in Brazil, however, is

still focused on academic research in prehistoric and historical archaeology, preservation of the

national historical and cultural heritage and, recently, in assessments for construction engineering

where potential archaeological sites need to be investigated before building work commences.

Forensic Archaeology

Although it is clear that archaeological techniques are sometimes essential in criminal investigation,

the role of the archaeologist in the forensic arena is still very limited in Brazil. There are two main

reasons for this.

The first reason is related to the above-mentioned legislation that controls forensic investigation in

Brazil. The Brazilian Penal Code (Brasil 1940) and the Brazilian Penal Process Code (Brasil 1941)

– both from the Getúlio Vargas dictatorship – limit forensic investigation of crimes to ‘official

experts’ who are police staff. However, occasionally a non-official expert can be appointed by the

police or judicial authorities to participate in a forensic investigation as an ad hoc expert — a

geophysicist or some other academically qualified professional, for example. The legislation

predates the arrival of professionals with a degree in archaeology, however, and there is no legal

requirement for police forces to recruit or appoint archaeologists to apply their skills in criminal

cases. Archaeologists can apply along with other graduates to join the police service with the aim of

becoming an ‘official expert’, but even if selected there is no guarantee they will be deployed to

work in their specific area of interest. There are, simply, no official posts for archaeologists on

police staff to work in forensic archaeology.

The second reason is related to specialisations in qualifications. Among the 11 undergraduate

courses in archaeology mentioned above, only two offer formal content in forensic archaeology.

One is compulsory – a 30 hour module with the Universidade do Estado do Amazonas. The other is


optional – a 60 hour module with the Universidade Federal de Sergipe. It is possible that other

courses are offered in private institutions, but these do not typically serve potential professionals.

There are as yet no standards for the qualification and experience of University teachers in forensic

science, curriculum content or the methods of theoretical and practical instruction used.

A final point to be considered is that death certificates relating to violent deaths can only be signed

by medical doctors who are also ‘official experts’ – the equivalent of the forensic pathologist in

some jurisdictions, limiting the role of the professional forensic archaeologist and anthropologist in

the forensic investigation of human remains.

The overall consequence is that archaeologists are not typically seen as the most suitable

professionals to work in forensic cases. This very limiting vision is the result of the late origin and

lack of a tradition of archaeology as an academic or professional occupation in the country.

Changes in this perception have been marked by the publication of Arqueologia: Direito e

Democracia [Archaeology: Law and Democracy] (Carvalho et al. 2009) and Memories from

Darkness: Archaeology of Repression and Resistance in Latin America (Funari et al. 2010). Both

books highlight the importance of forensic archaeology in the investigation of human rights

violations that occurred during the dictatorship years in Brazil and Latin America. These are

probably the most relevant texts to the application of archaeology in the interests of the courts in

Brazil, a field still considered to be at an ‘embryonic stage’ by one of the authors.

Technical contributions on bioarchaeology, biological anthropology and forensic anthropology have

been produced by the archaeology team from the National School of Public Health of the Oswaldo

Cruz Foundation – as described by Mendonça de Souza (2009). Bioarchaeologists have contributed

sporadically to forensic science and medicine, having delivered courses to the Police Academy of

São Paulo in 2006 (Silva e Oliveira 2009, 171) and participated in the recent foundation of the

Associação Brasileira de Antropologia Forense in September 2012 (ABRAF 2012).

Forensic Anthropology


Forensic Anthropology is a relatively new area of science, having originated during the 20th

century

(Burns 1999). It applies methods from physical anthropology and archaeology in the collection and

analysis of evidence related to apparent crimes, with the aim of establishing the identity of the

victim and the circumstances relating to the individual’s death (Soares and Guimarães 2008, 7;

Francisco et al. 2011, 231).

Despite – or, perhaps, because of – its relevance to criminal justice, the development of forensic

anthropology was also badly affected in the years of dictatorship in Brazil. It was not convenient for

government institutions involved in political repression and the violation of human rights – like

torture and homicide – to have a well-established infrastructure for forensic anthropology, which

could make such abuses public knowledge. During the military dictatorship, the bodies of political

prisoners who died in the large urban centres were autopsied, as required by law, but the death

certificate was liable to be modified to disguise the real cause of death. This practice was sometimes

condoned or supported by the official medical expert, some of whom supported the dictatorship. If

not, the medical examiners concerned could find themselves harassed into changing the final

diagnosis, or substituted by other experts willing to cooperate with the deception. Probably the most

widely known case of this type concerned the journalist Vladimir Herzog, who died after his arrest

in 1975. His body was found in a prison cell in a military institution in São Paulo City. The official

cause of death was given as ‘mechanical asphyxia by hanging’. Suicide was inferred even though

signs of torture were evident on his body. It was not until March 13th

2013 when, as a consequence

of a judicial application on behalf of the National Commission of Truth and the Herzog family, the

cause of death recorded on the death certificate was corrected to include ‘lesions and maltreatment’

while in the custody of the II Army DOI-CODI (Borges 2013).

Again, it is not surprising that forensic anthropology, like forensic archaeology, could only emerge

after the end of the dictatorship in 1985 and the establishment of the New Constitution, when the

first groups in Brazil – such as those located in Campinas (São Paulo State) and Brasília (the

Brazilian capital) – began to establish expertise. The forensic anthropology group in the Department


of Legal Medicine at the Universidade de Campinas (UNICAMP) was founded in 1986, and

worked on cases of national importance, such as the identification of the remains of the Nazi doctor

Josef Mengele. The Department was dissolved in 1999 for academic reasons mainly related to

limited scientific productivity, but specialist expertise is retained by the School of Odontology

located at the Piracicaba campus of the University. The second group, linked to the Medico Legal

Institute of the Secretariat of Public Security in Brasilia, is part of the civil police structure. It was

established in 1992 on the initiative of three official experts – Drs. Malthus Galvão, Eduardo Reis

and Aluísio Trindade Filho – who recognised the necessity for expertise the area. It is significant

that it was individual, rather than government, initiatives that led to the establishment of this

expertise. The group now has six members and deals with routine cases from Brasília and

surrounding areas. This group has also worked on cases of national importance, such as the

investigation of GOL flight 1907 (CENIPA 2008) and participates in the search for remains of

victims of the military dictatorship as part of the Araguaía Working Group (Grupo de Trabalho

Araguaia) (see below).

Other groups have since arisen around the country, including – among others – in Salvador (Bahia

State), Goiânia (Goiás State), Rio de Janeiro (Rio de Janeiro State), Porto Alegre (Rio Grande do

Sul State) and Recife (Pernambuco State). Most of these are linked to police institutions, except for

the one in Recife, which offers a postgraduate course (a Masters in Forensic Expertise) including a

module in forensic anthropology.

In Ribeirão Preto, a city in the interior of the State of São Paulo, a significant change arose in 1996,

when post-dictatorial changes in legislation in the State allowed the establishment of partnerships

between public institutions. Originally conceived by Dr. Carmen Martin, the Centro de Medicina

Legal (CEMEL) was established in the city in 1999 as the result of a partnership between the

Faculty of Medicine of Ribeirão Preto - University of São Paulo (FMRP-USP) and the Medico

Legal Institute – Secretary of Public Security of São Paulo (IML/SSP-SP). CEMEL became the first

centre in Brazil to bring officially recognized forensic expertise into the University sector. This


partnership offers better facilities and a higher quality scientific environment for forensic experts,

and access to forensic data for teaching and research in the University – something unimaginable

during dictatorship years (Guimarães 2003, 215). Expertise was extended to include forensic DNA

profiling of skeletal remains via collaboration with the Sheffield Medico-Legal Centre in the UK. A

unique institution in Brazil, CEMEL gained both national and international acknowledgement when

its work was the subject of an article by Adam (2003, 13) in the scientific journal Nature.

In 2005, a new Laboratory for Forensic Anthropology was established at CEMEL as a result of the

UK collaboration and financial support from the United Kingdom Foreign and Commonwealth

Office Global Opportunities Fund (FCO-GOF). This capacity-building partnership resulted not only

in laboratory infrastructure, but also bilateral exchanges and training in forensic autopsy, forensic

anthropology, forensic facial reconstruction and forensic DNA profiling. Practical and pragmatic

procedures for anthropological analysis of human remains (Soares and Guimarães 2008, 7; Crocco

et al. 2008; Guimarães et al. 2009; Francisco et al. 2011, 231) were developed by CEMEL,

specifically focused on forensic human identification in the challenging tropical environments of

Brazil. These proved useful in local conditions and were adopted by the regional state Medico Legal

Institute (IML) leading to a substantial increase in the rate of identification of skeletonised and

partially-skeletonised human remains (Soares and Guimarães 2008, 7; Francisco et al. 2011, 231).

In 2008, the forensic anthropology protocol was enhanced via a partnership with Dr. Ricardo Alves

da Silva from the Faculty of Odontology of Ribeirão Preto, University of São Paulo (FORP-USP) to

permit extended odontological analysis.

In 2010, the Laboratory for Forensic Anthropology was approached by the Federal Police (Policia

Federal) – a national civilian police agency whose role is equivalent to the US Federal Bureau of

Investigation – with a request to provide training in forensic anthropology for its official experts.

This resulted in a new partnership offering the prospect of academic qualifications for federal police

scientists, and giving the University access to new forensic anthropology cases. The partnership


between these institutions was essential in enabling them to participate in the work of the Grupo de

Trabalho do Araguaia in its search for the remains of victims of the military dictatorship.

Finally, CEMEL has recently been tasked with establishing national reference standards for forensic

anthropology (FAPESP 2013), a particularly significant issue given the diverse ancestry and extent

of admixture and intermarriage in the Brazilian population. These guidelines, however, address

methods analysis of remains. Standards for recovery of remains are anticipated to be included in a

separate protocol.

EXAMPLES OF FORENSIC ARCHAEOLOGY AND ANTHROPOLOGY IN BRAZIL

Archaeological and forensic investigations of buried human remains typically rely on the

application of a near-identical suite of methods. They represent the interface between archaeology

and forensic sciences (Santos 2012, 1) and the suite of methods employed and potential for

investigative use vary from country to country (Evison 2009). It is difficult to establish the extent of

professional practice in forensic archaeology in Brazil. While forensic investigation of clandestine

graves is a regular feature in the Brazilian media, these investigations tend to be conducted by

police agencies. CEMEL is a notable exception, in that its experts are frequently asked by the police

to assist in recovery and analysis of buried remains. Funding for development of the field is limited,

with some academic research funding being potentially available as well as central government

support for the investigation of recent human rights abuse allegations. It is the latter agenda which

presently drives the development of forensic archaeology and anthropology in the country, with

historical investigations also being prominent in the popular consciousness. Some examples from

Brazil are presented here.

Grupo de Trabalho Araguaía [Araguaía Working Group]

Location of the remains of political prisoners who disappeared in rural areas represents a particular

problem in Brazil. It is widely believed many were buried clandestinely in mass graves in legal


cemeteries and their bodies mingled with those of vagrants, in an attempt to preempt future

recovery and identification. It is believed others were buried in clandestine cemeteries or other

hidden locations. This practice is described in the book Brasil: Nunca Mais [Brazil: Never More]

(Arns 1996), written following the secret investigation of 707 cases from the archives of the

Superior Military Tribunal dating from 1961 to 1979. This book exposes the extent of political

repression in Brazil during the dictatorship years.

The Grupo de Trabalho Araguaia (GTA) (The Araguaía Working Group) was established in 2011

with the aim of locating and identifying the remains of the dead from one such rural locality as a

consequence of the Araguaia Guerrilla War (1966-1974). This war was the result of an insurrection

movement formed by the Communist Party of Brazil (Partido Comunista do Brasil (PCdoB)) in

opposition to the military dictatorship, with the aim of instigating a socialist revolution in Brazil

similar to those of Cuba and China. The movement started during the late 1960s and early 1970s in

a region of the Araguaía River known as ‘Bico do Papagaio’ [‘Parrot´s Beak’], where the Brazilian

States of Pará, Tocantins and Maranhão meet. The guerilla group numbered about 70 members –

the exact number is still uncertain – and had the support of part of the local population, which was

also involved in the conflict. The guerrillas were gradually eliminated by troops from the military

dictatorship between 1972 and1974. Their remains are anticipated to be spread within an area of

approximately 7 000 km2, but most are probably concentrated between the cities of Xambioá

(Tocantins State), São Geraldo do Araguaia and Marabá (Pará State).

The GTA was mandated as the consequence of an agreement between the First Federal Court of

Brasília and the Inter-American Court of Human Rights of the Organization of American States

(OAS) and established following the enactment of Inter-Ministry Ordinance no1 (Brasil 2011b) by

signatories from the Ministry of Justice and Ministry of Defense, and the National Human Rights

Secretary (SDH/PR). The GTA replaced a pre-existing group founded in 2009 (Brasil 2009) and is

composed of forensic medical experts, forensic anthropologists, archaeologists, geologists and

geophysicists, sociologists, historians, journalists and other university representatives and


independent observers (including relatives of the victims), and has the logistical support of the

Brazilian Army. Professionals from the humanities and social sciences work on information

collection from witnesses who lived – or still live – in the area, as well as from technical reports

from previous investigations, and specialised literature from libraries, public institutions and private

companies. Their main objective is to locate burials in official or clandestine cemeteries or in open

areas like fields and forests (the location is inside the Amazon region). Professionals from geology

and geophysics work on surveying areas of interest for possible human remains using Ground

Penetrating Radar (GPR). Forensic anthropologists from the Medico Legal Institutes of Brasília and

Goiânia, the Brazilian Federal Police and CEMEL are responsible for the excavation and

exhumation of remains using the established techniques of forensic archaeology and anthropology.

In an innovative approach to forensic investigation, the archaeology team led by Drs. Valéria

Cristina Ferreira e Silva and Rafael de Abreu e Souza has established a systematic survey of surface

and subsurface finds as a precursor to excavation at the military bases of Xambioá and Urutu, which

were used as prison camps during the guerrilla war. The objective has been to establish the pattern

dispersal of artifacts in order to characterise different areas of activity, which can then be used to

construct a contra-discursive memory and history of events. This novel perspective is part of a

movement intended to enhance understanding of wider contexts of recent internal conflict in Latin

America – via an ‘Archaeology of Repression’.

The GTA is probably the most substantial public initiative in Brazil undertaking forensic

archaeological investigation. There are two archaeologists contributing to the project, whose

backgrounds are in historical archaeology – especially that relevant to recent political conflict – and

who have some training in forensic procedures. Up to this date, 25 individual human remains have

been located and recovered for further investigation – such as textile analysis and DNA profiling –

in order to establish whether or not they are victims of the guerilla war.

Historical Investigations


Despite much socio-political interest in the forensic archaeological investigation of the crimes of

the military dictatorship, the most well-known work among the general public in Brazil probably

relates to the investigations of the Luz Monastery and of the first emperors of Brazil.

Funerary Archaeology of the Luz Monastery

The excavation of well-preserved human remains from the Luz Monastery in São Paulo City is

described by Fuzinato et al. (2009, 17). One of the most interesting finds – and one which caused a

national sensation in Brazil – was that of two female bodies discovered buried in an embrace.

Difficulties arising from ambiguous legislation that affects forensic archaeological investigation are

also described, and the authors recount the list of laws and regulations involving various different

institutions that can be encountered. They also emphasise the important contribution forensic

pathologists and other forensic experts can make to the preservation of the archaeological heritage.

Studies in forensic archeology applied to the human remains of the first emperors of Brazil

Deterioration of the funerary monuments of the first Emperor of Brazil, Dom Pedro I (Pedro IV of

Portugal), and his two wives, Empress Dona Maria Leopoldina von Habsburg-Lorraine and

Empress Dona Amélia de Beauharnais-Leuchtenberg, led to the excavation and analysis of their

remains. Although initially intended to establish the state of preservation of the remains, the study

revealed details of forensic significance. Dona Maria Leopoldina’s bones showed no signs of

fractures, contrary to a popular belief that she may have died as a consequence of falling from the

stairs of the palace during an argument with her husband the Emperor. The skeleton of the Emperor,

however, presented with two fractured ribs compatible with a riding accident, which may have

resulted in a pneumothorax (Ambiel 2013).

This forensic archaeological and anthropological study was probably the first to receive

considerable attention not only from the academic world, but also from the general public, leading

to wider popular interest in the field. Contributions of forensic archaeology and anthropology to


pre-historical and historical studies can be found in Lessa (2004, 279), Silva (2005), Silva (2008),

Fuzinato et al. (2009, 17), Bendazzoli et al. (2009, 381), Palinkas et al. (2010, 75), Bastos et al.

(2010, 68), Fischer (2012) and Mendonça de Souza et al. (2013, 127). While other examples may

exist, they are not readily revealed in searches of national databases.

Other Studies

While the work of the GTA offers an outstanding example of the contribution of forensic

archaeology and anthropology to criminal justice and the safeguarding of human rights, its wider

role in public health and safety is frequently forgotten. Preliminary models for the study of utility

and efficacy in forensic anthropology and archaeology have been offered by Evison et al. (2012a,

b), which compared patterns of practice in Brazil in relation to other international centres. These

studies suggest effectiveness can be significantly enhanced via improvements in feedback from

investigative agencies, and better communication and integration in the investigative and

prosecutorial use of forensic archaeology and anthropology. The authors suggest that changes in the

law in Brazil may assist in the investigation and prosecution of homicides relating to organized

crime and ‘extra-judicial executions’. The authors also note, for example, the hugely

disproportionate number of male fatalities encountered in forensic anthropology case work, whether

due to homicide, suicide or natural causes – raising the question of whether gender discrimination is

resulting in the neglect of the human rights of men and boys in many countries.

CONCLUSIONS

Practice in Brazil conforms to broad definitions, including both ‘the application of archaeological

theory and methodology for the search and excavation of remains in a crime scene’ (Hunter and

Cox 2005; Santos 2012, 1) and ‘the use of archaeological practices to search, identify and analyze

human remains from crimes as well as to recover evidences of how, when and who promoted that

fact’ (Santos 2012, 1). The close interface between forensic archaeology and anthropology in Brazil


makes both areas almost indistinguishable. Practitioners can come from either sub-discipline or may

originate from specialisations such as history, anthropology, sociology, biology, biomedicine,

odontology or medicine. The few training opportunities available are spread around the country,

and there are no national standards or system of accreditation. It is necessary to keep in mind that

while forensic archaeology and anthropology expanded in other countries – like the USA and UK –

from the early 1970s (Santos 2012, 1), Brazil was under a military dictatorship. The development of

scientific tools and techniques useful to solving crimes that could include those of the government

was undesirable. It was not until the socio-political environment became favourable to the

development of sciences formerly threatening to the dictatorship status quo that progress could

begin.

Contemporary practice does recognise, however, that forensic archaeology and anthropology

represent more than excavation and osteology. Forensic facial reconstruction from the skull,

forensic facial comparison, and low-template DNA analysis of skeletal remains are also undertaken

in Brazil, and practitioners conduct relevant research in these areas, reflecting the cross-disciplinary

nature of the field (Evison et al. 2012a, 85). Furthermore, there is considerable opportunity to

develop dialogue between more traditional archaeologists and forensic practitioners, who have legal

authorisation to deal with crime scenes but not necessarily with archaeological sites – and vice

versa – with the aim of defining common objectives, responsibilities and proposals for changes in

legislation that will lead to their formal acceptance.

The wider significance of forensic archaeology and anthropology to the rule of law and the

safeguarding of human rights is of contemporary as well as historical importance, in Brazil as it is

elsewhere. There is now no excuse for forensic archaeology and anthropology to remain forgotten

sciences, as there was during the time of political repression.

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Forensic archaeology and anthropology in Brazil