Minister Alexandre de Moraes, of the Federal Supreme Court (STF), ordered the preservation and full documentation of all material elements related to the most lethal police operation in the history of Rio de Janeiro, which left at least 121 people dead last Tuesday. Moraes also stipulated the conservation of expertise and the maintenance of the respective chains of custody. The measure responded to a request from the Federal Public Defender’s Office (DPU).
The minister will be with Governor Cláudio Castro and other local authorities today in Rio. The hearing takes place within the scope of the ADPF das Favelas, which monitors police lethality in the state. In the opinion of members of the Supreme Court, the meeting will serve to demand compliance with the guidelines established by the Court regarding police actions.
Moraes highlighted that the procedure is in accordance with what was defined by the STF plenary in the judgment of the merits of the action of the Claim of Non-Compliance with Fundamental Precept 635, the ADPF das Favelas, which establishes the need to preserve traces of crimes and to guarantee the technical independence of experts in cases of crimes against life.
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The expectation is that, subsequently, the minister will already assess what the developments will be and the measures that will be adopted in the case.
In a decision last week, Moraes demanded that Castro present detailed information about the operation, including the formal justification for the level of force used, the number of agents involved, the weapons used, and the total number of deaths, injuries and detainees. It was also demanded the adoption of accountability measures for possible abuses, the performance of expertise, the use of body cameras and assistance to victims.
‘Partial and unsustainable’
Minister Gilmar Mendes said yesterday that, until Rio presents a plan to reoccupy territories dominated by factions and militias, the results of police operations in the state “will continue to be partial and unsustainable”. The comment was published on his X profile.
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The magistrate also responded to criticism made by Cláudio Castro to ADPF das Favelas. Castro described the decision as “cursed”, and attributed it to the difficulty for police officers to access roads in Alemão and Penha, with “many barricades” along the way.
“When judging the ADPF of Favelas, the Federal Supreme Court did not prohibit police operations. The Court only established parameters so that these actions are planned, proportional and transparent, with the objective of reducing deaths and protecting lives, both of civilians and public agents”, replied Mendes.
The minister highlighted that, in April, the STF ordered the state to present a plan for the recovery of territories, with the presence of public services. “As long as this plan does not come to fruition, and the incursions are punctual, the results of these operations will continue to be partial and unsustainable,” he added.
