Rapporteur stated, however, that the government still needs to meet the goal of reducing police lethality and the adoption of the differentiated use of force by agents
Minister Edson Fachin of (Supreme Federal Court) voted to approve “Partially” The plan presented by the government of Rio de Janeiro to reduce police lethality in operations. The elaboration of a plan was in a previous decision of the Court.
The analysis of the action known as “ADPF of the favelas” was resumed this Wednesday (5.FEV.2025). According to the president of the Court, however, it will only resume in about 3 weeks due to the complexity of the theme.
According to Fachin, who is the rapporteur of the case, the planning led by the governor of Rio, (PL), did not meet all the points needed to reach the reduction of deaths in operations.
The minister said that the plan should be paid to 3 points:
- to a goal of reducing police lethality;
- has Adoption of differentiated use of force; and
- assistant mental to police who work in operations.
For the minister, the plan must have tools for “Qualified Monitoring” lethality indices by region and a publicization of data on the concentration of death per corporation. It should indicate whether it is civil or military, if it is a unit or battalion, if the agent was in service and if the death took place during an operation.
He stressed that the only 4 states of Brazil that do not disclose how many deaths in operations were produced by police officers São Bahia, Sergipe, Goiás and Rio de Janeiro, which have police lethality rates “Among the highest in the country”.
With the rapporteur’s vote, the plenary will still decide if the of the State to reduce police lethality or if other measures are required.
Judgment In November 2024. At the time, the case report was read and the presentation of oral support.
Other points of the Açto the
Minister Edson Fachin separated his vote of about 200 pages on items. The arguments given about the government plan were given in item 1. In the 2nd item, he said it was a “dever” that the executive justifies in case by case the use of helicopters in operations. The action asked for use to be prohibited.
He also argued that, in home searches by the State forces, are performed only during the day and, if done without a court order, must record causes “Robust” that indicate blatant offense. Anonymous denunciation cannot be justification for home search.
It also voted to the presence of ambulances in police operations at risk of armed conflict to be mandatory.
Arguments of the Rapporteur
Fachin added, in his vote, that the action under judgment does not objective the impediment or a restriction on police activity, but a regulation.
“This judgment is an opportunity to recognize an unfair historical discrimination that victimizes millions of people residing in the communities of Rio de Janeiro”said Fachin.
“Although the effectiveness of the lethal action of police forces was proven to reduce crime, this would be an unconstitutional option and incompatible with the national legal system and the International Law of Human Rights.”he said.
He also said that despite the advances in 2024 with the reduction of police lethality, “It has no origin” the decharacterization of requests in the action.
Survey of (Rio de Janeiro Public Prosecution Service) showed that deaths from interventions of agents in Rio de Janeiro have dropped since 2019, and in 2023 reached the lowest value of the last 8 years, with 871 deaths from clashes.
“Although the effectiveness of the lethal action of police forces was proven to reduce crime, this would be an unconstitutional option and incompatible with the national legal system and the International Law of Human Rights.”said Fachin.
In addition, the minister said the reduction in lethality would have been influenced by the injunction (urgent) measures given in the process.
ADPF of the slums
Known as “slums”, the action arose from an effort of social movements to reduce cases of violations committed by police forces in operations.
It gained projection by the injunction (urgent) decisions that were given in the process, such as the suspension of police operations during the COVID-19 pandemic and the request that police use cameras in their uniforms.
It was filed in 2019 by the PSB (Brazilian Socialist Party). The acronym claims that Rio de Janeiro’s public security policy violates constitutional principles, such as the dignity of the human person, and rights fundamental to life, equality and security.
The author also points out a “Severe widespread violation of human rights”, which occurred with the breach of the sentence of the HDI (Inter -American Human Rights) Court in the Favela Nova Brasilia case. The agreement recognizes relevant omission and delay in the state of Rio de Janeiro in the preparation of a plan to reduce the lethality of security agents. The decisions of the HDI Court are binding to the Brazilian state.
Rio authorities criticize
On Tuesday (4.FEV), the governor of Rio de Janeiro (PL) Criticized the Supreme Interventions during a speech in the (Rio de Janeiro Legislative Assembly). The head of the state executive stated that he was being removed from the communities “The Right to Public Security”.
On the same day, the city of Rio sent a request for entry into the action as amicus curiae (friends of the court, translated from Latin) to contribute to information that can be “Relevant to the resolution of the controversy”.
In a video posted on Instagram, the mayor (PSD) said that the increase in territorial occupation of Rio de Janeiro for organized crime is visible. However, he said ADPF has serious problems. Said that the theme analyzed by the STF became a “Sorry for those who don’t want to work” and that creates the impression that the river has become a “Resort for delinquents”.
Deaths in Rio
According to the (Brazilian Public Security Forum), in 2023 was recorded an average of 5.4 deaths per 100,000 inhabitants in clashes with police in Rio de Janeiro. The number is 3 times higher than the national average (1.8 deaths/100,000 inhabitants). In addition, since 2007, at least 113 children have been killed, victims of lost bullet, in the state of Rio de Janeiro, according to data from the NGO Rio de Paz.
