The Federal Supreme Court (STF) should analyze, this week, two guidelines of great impact on public safety: the validity of the intimate magazine in prisons and the continuity of the favela ADPF, which deals with police lethality in communities in Rio de Janeiro.
The discussions are scheduled for Wednesday (3) and Thursday (4), respectively.
ADPF of the slums
On Thursday, the Court should resume the judgment of the argument of non-compliance with the Fundamental Precept (ADPF) 635, known as ADPF of the favelas, which.
The analysis was postponed last week by the president of the Supreme Court, Minister Luís Roberto Barroso, to avoid conflict of guidelines with the trial that.
The action, filed by the PSB in 2019, has already led the Supreme Court to determine temporary restrictions on police operations in Rio, including the use of body cameras and prior communication to the Public Prosecution Service.
The only vote made so far is by the rapporteur, Edson Fachin, who has argued to maintain restrictions and expand the requirements for armed operations. Behind the scenes, there is an expectation of modulation of the vote to seek consensus among the ministers. The first to vote for the resumption will be Flávio Dino.
Intimate magazine
Already on Wednesday, ministers should again discuss-especially in cases where visitors are required to take off their body inspection clothes.
The case has been in 2020 and has been interrupted five times by prominent or view requests. In the virtual plenary, most ministers had already voted for the total prohibition of the practice, according to the rapporteur’s vote, Edson Fachin, who considered any intimate magazine involving nudity or forced physical contact unconstitutional.
Fachin also argued that evidence obtained by this type of procedure is considered illegal and discarded.
The main divergence was opened by Alexandre de Moraes, who admits the intimate magazine in exceptional cases, provided that they follow rigid protocols of legality, necessity and proportionality. His current already has four votes.
The case originated from an appeal from the Rio Grande do Sul Public Prosecution Service against TJ-RS decision that acquitted a woman caught with 96 grams of marijuana hidden in the body while trying to enter a prison to visit her brother. The Court considered that the evidence was obtained illicitly.
The STF’s decision will have general repercussion, that is, it will be binding to all similar cases in the country, defining the limits of state performance in body magazines.
