Minister states that the Court has to seek measures not to be accused of “hindering police action” with the ADPF of the favelas
The Minister of (Supreme Federal Court) Gilmar Mendes said on Wednesday (5.FEV.2025) that the Court needs to seek practical and effective measures so as not to risk being accused of being accused of “Difficult police action”.
In the trial of the “ADPF of the favelas”, which discusses police violence in operations in Rio, the minister said that it is necessary to clarify the subject, because “There is a narrative that public safety conditions in the territory would have been aggravated due to the injunction”.
“Today there is a narrative that safety conditions in the river would have been aggravated due to the injunction. […] There is a whole story, let’s put it like this, around this theme and we need to be quite alert to the repercussions it has and reflect on the very image of the court. We have to really seek to make these clarifications ”declared Gilmar Mendes.
The STF dean also suggested involving the PF (Federal Police) to face the theme, since “The picture shows that local authorities are unable to face it”. As an example, he cited the corporation’s assistance in the investigations conducted by the Ministry of Justice about the death of Councilwoman Marielle Franco (1979 – 2018).
The theme is the subject of criticism of Rio politicians. During a speech at Alerj (Legislative Assembly of Rio de Janeiro), the Governor of the State of Rio de Janeiro, (PL), said that the trial was withdrawn from the communities “The Right to Public Security”.
The mayor of Rio, Eduardo Paes (PSD), in November 2024 that the action was being “Poorly conducted” and that it had the impression that, since it was implemented, it had a “Inhibitor of police action, whether in the real or symbolic field”.
The president of the Supreme, Minister Roberto Barroso, agreed with Mendes and stated that he has the impression that there is a responsibility of the Supreme for the statements, but that the policy is the craft of blaming others.
“The impression listening to the statements is that the problems began after the STF’s decision, when they come from far away. And it is often placed on the Supreme, a responsibility that evidently did not result from the decision, and if it seeks to justify a certain degree of inertia ”declared
He also joked that politics is the craft of blaming others, but clarified that it is necessary to clarity that the court will not criminalize police activity.
JUDGMENT
The analysis of the ADPF (argument of non -compliance with fundamental precept) was this Wednesday (5.FEV). It was suspended after reading the rapporteur’s vote, Minister Edson Fachin, and will be resumed in about 3 weeks due to the complexity of the theme.
Fachin to approve “Partially” The plan presented by the government of Rio de Janeiro to reduce police lethality in operations. The elaboration of a proposal was in a previous decision of the Court.
In his vote, Fachin understood that Castro’s proposal did not meet all the points needed to reduce the deaths in operations and recommended attention to 3 questions:
- to a goal of reducing police lethality;
- the adoption of differentiated use of force; and
- mental assistance to police officers working in operations.
The minister understands that the plan must have tools for monitoring and transparency of death data. With its vote, the plenary will still decide if the plan to the state is approved.